Terms of Service
These Terms of Service ("Terms") form a binding legal agreement between you and Magnet Media Agency. They govern your access to and use of our website, your communications with us, and any services we provide. By using our website or engaging our services, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety.
01 Introduction & Acceptance
Welcome to Magnet Media Agency ("Magnet Media Agency," "we," "us," or "our"). We are a digital marketing and website development agency operating from Edmonton, Alberta, Canada and Anaheim, California, United States, serving clients worldwide. These Terms apply to every visitor, user, prospective client, and client (collectively, "you" or "Client") who accesses magnetmediaagency.com (the "Website") or who purchases, subscribes to, or otherwise receives any product, deliverable, consultation, or service from us (collectively, the "Services").
By accessing the Website, submitting an inquiry, booking a consultation, signing a proposal or statement of work, making a payment, or otherwise using the Services, you acknowledge that you have read and understood these Terms and that you agree to be legally bound by them. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity, in which case "you" and "Client" refer to that entity.
If you do not agree to these Terms, you must not access the Website or use the Services.
These Terms incorporate by reference our Acceptable Use Policy, Privacy Policy, Cookie Policy, and any disclaimers, all of which are set out on this page and form part of your agreement with us. In the event of a conflict between these Terms and a signed Statement of Work or master services agreement executed between you and us, the signed document controls with respect to its specific subject matter.
02 Definitions
For clarity, the following capitalized terms have the meanings set out below wherever they appear in these Terms:
- "Agreement" means these Terms together with all documents incorporated by reference and any applicable Statement of Work.
- "Deliverables" means any work product, materials, creative assets, code, copy, designs, campaigns, reports, strategies, or other items we create, develop, or provide to you in the course of delivering the Services.
- "Statement of Work" or "SOW" means a written proposal, scope document, order form, or engagement letter describing specific Services, deliverables, timelines, and fees, which, once accepted, forms part of the Agreement.
- "Client Materials" means any content, data, trademarks, logos, brand assets, account credentials, or other materials you provide to us or authorize us to use.
- "Confidential Information" has the meaning set out in Section 11.
- "Third-Party Platforms" means external services, networks, and tools used in connection with the Services, including but not limited to advertising networks, hosting providers, analytics tools, customer-relationship-management systems, and payment processors.
- "Intellectual Property Rights" means all copyrights, trademarks, trade names, service marks, patents, trade secrets, moral rights, database rights, and any other proprietary rights recognized in any jurisdiction.
03 Eligibility
You must be at least the age of majority in your jurisdiction (and in any event at least 18 years old) and capable of forming a legally binding contract to use the Services or to engage us. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.
We do not knowingly provide Services to, or collect information from, individuals who do not meet these eligibility requirements. We reserve the right to refuse Service, terminate accounts, decline engagements, or cancel orders at our sole discretion, including where we believe a Client has violated these Terms or where an engagement would expose us to legal, reputational, or operational risk.
04 Scope of Services
Magnet Media Agency provides a range of digital marketing and website development services. Depending on the engagement, these may include:
- Marketing Services: paid advertising management (including search, social, display, and video networks), campaign strategy, audience research, conversion-rate optimization, lead generation, funnel development, email and SMS marketing, content strategy, analytics and reporting, and related consulting.
- Website Development Services: design, build, redesign, and maintenance of websites, landing pages, and funnels; integrations with third-party tools; performance optimization; and related technical work.
- Strategy & Consultation: advisory sessions, audits, growth planning, and the complimentary thirty-minute consultation offered through the Website.
The specific Services to be provided in any engagement, along with their scope, deliverables, assumptions, exclusions, timelines, and fees, will be described in the applicable Statement of Work. Any work requested by you that falls outside the agreed scope ("out-of-scope work") may be subject to additional fees and a revised timeline, and will not be undertaken without your authorization.
We reserve the right to modify, suspend, or discontinue any aspect of the Services, in whole or in part, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services except as expressly provided in a Statement of Work.
05 Engagement & Statements of Work
A formal engagement begins when both parties accept a Statement of Work, whether by signature, electronic acceptance, written confirmation, or commencement of payment. Each SOW will, where applicable, set out the scope of Services, the deliverables, the project schedule and milestones, the fees and payment schedule, the assumptions on which the engagement is based, and any Client dependencies.
5.1 Proposals & Estimates
Proposals and estimates we provide are valid for the period stated therein or, if no period is stated, for thirty (30) days from the date of issuance. Estimates are based on the information available to us at the time and on the assumptions stated in the proposal. If the actual requirements differ materially from those assumptions, we may revise our estimate accordingly before proceeding.
5.2 Change Requests
Either party may request changes to the scope of an engagement. Changes that materially affect the scope, cost, or timeline will be documented in a written change order, which becomes effective only upon mutual acceptance. We are not obligated to perform changed or additional work until the corresponding change order is agreed.
5.3 Project Timelines
Timelines are good-faith estimates and depend significantly on your timely cooperation, including the prompt provision of Client Materials, feedback, approvals, and access. Delays caused by you, by third parties, or by circumstances beyond our reasonable control may extend timelines without penalty to us.
06 Client Responsibilities
The success and timely completion of any engagement depend on your cooperation. You agree to:
- Provide accurate, complete, and timely information, Client Materials, feedback, and approvals as reasonably requested;
- Designate a primary point of contact authorized to make decisions and grant approvals on your behalf;
- Grant us the access, credentials, and permissions necessary to perform the Services, including access to advertising accounts, hosting environments, analytics, domains, and other relevant platforms;
- Ensure that you hold all rights, licenses, and consents necessary for us to use Client Materials in delivering the Services, and that Client Materials do not infringe the rights of any third party or violate any law;
- Maintain your own accounts, billing relationships, and compliance obligations with Third-Party Platforms, including funding advertising accounts directly where applicable;
- Comply with all applicable laws and the terms, policies, and guidelines of any Third-Party Platform used in connection with the Services; and
- Review Deliverables promptly and provide consolidated feedback within the timeframes set out in the applicable SOW.
You are solely responsible for the accuracy, legality, and appropriateness of Client Materials and of any instructions you provide. We may rely on the information and approvals you provide without independent verification, and we are not responsible for outcomes resulting from inaccurate, incomplete, or untimely information or from delayed approvals.
07 Fees, Billing & Payment
Fees for the Services are set out in the applicable Statement of Work. Unless expressly stated otherwise, all fees are quoted and payable in United States Dollars (USD).
7.1 Invoicing & Payment Terms
Unless a different schedule is stated in the SOW, invoices are due upon receipt. Recurring or retainer engagements are billed in advance of each service period. Project-based engagements may require an upfront deposit before work commences, with the balance billed according to the milestones or schedule set out in the SOW.
7.2 Media & Third-Party Costs
Our service fees are separate from, and do not include, advertising spend, media costs, platform subscription fees, software licenses, stock assets, domain or hosting charges, or other third-party costs, unless expressly stated otherwise in the SOW. Where you fund advertising spend, you remain responsible for that spend directly with the relevant platform.
7.3 Taxes
Fees are exclusive of all applicable taxes, levies, and duties. You are responsible for all sales, use, value-added, goods-and-services, and similar taxes arising from the Services, other than taxes based on our net income.
7.4 Late Payments
Amounts not paid when due may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, calculated from the due date until paid in full. We may suspend Services, pause campaigns, or withhold Deliverables for any account that is past due, and you remain responsible for fees that continue to accrue during any such suspension. You agree to reimburse us for reasonable costs of collection, including legal fees, incurred in recovering overdue amounts.
7.5 Payment Authorization & Disputes
Where you provide payment-method details or authorize recurring billing, you authorize us and our payment processors to charge the applicable fees. You must notify us of any billing dispute in writing within fifteen (15) days of the invoice date; absent timely notice, invoices are deemed accepted. Initiating a chargeback or payment reversal without first attempting to resolve the matter with us is a breach of these Terms.
08 Refunds & Cancellations
Because the Services are professional services that consume time, labor, and resources as they are performed, fees are generally non-refundable except as expressly stated in the applicable SOW or as required by non-waivable law.
- Deposits reserve our capacity and cover initial planning and onboarding work and are non-refundable once work has commenced.
- Retainer and subscription fees are charged for a service period and are non-refundable for the period in which Services have been rendered. Cancellation takes effect at the end of the then-current billing period unless otherwise agreed.
- Completed milestones and delivered work are non-refundable.
8.1 Cancellation by You
You may cancel an ongoing engagement by providing written notice in accordance with the notice period stated in the SOW (or, if none is stated, thirty (30) days' written notice). You remain responsible for fees for Services performed up to the effective date of termination and for any committed third-party costs that cannot be cancelled.
8.2 Cancellation by Us
We may cancel or suspend an engagement as provided in Section 14. Where we terminate for convenience, we will refund any prepaid fees for Services not yet performed. Where we terminate for your breach, no refund is owed.
09 Third-Party Services & Platforms
Delivering the Services frequently requires the use of Third-Party Platforms. Your use of those platforms is governed by their own terms, policies, and pricing, and you are responsible for reviewing and complying with them. We do not control and are not responsible for the availability, performance, policies, decisions, pricing, or actions of any Third-Party Platform.
Third-Party Platforms may, at their sole discretion and without notice, change their algorithms, policies, fees, or features; disapprove, restrict, suspend, or terminate accounts or campaigns; or modify the availability of data and tools. Any such action may affect the Services and the results achievable, and we are not liable for outcomes arising from the acts or omissions of Third-Party Platforms.
10 Intellectual Property
10.1 Our Intellectual Property
The Website and all materials we own or license — including our name, logo, trademarks, methodologies, templates, frameworks, processes, software, tools, know-how, and pre-existing materials — are and remain our exclusive property and are protected by Intellectual Property Rights. Nothing in these Terms transfers any ownership of our Intellectual Property to you. You may not copy, reproduce, modify, distribute, reverse engineer, or create derivative works from our materials except as expressly permitted in writing.
10.2 Deliverables
Subject to full payment of all fees due, and unless otherwise stated in the SOW, we assign to you the ownership of the final Deliverables created specifically for you under an engagement, excluding any Pre-Existing Materials and Third-Party Materials. Until all fees are paid in full, all Deliverables and any associated rights remain our property, and any license to use draft or interim materials is conditional and revocable.
10.3 Pre-Existing & Third-Party Materials
"Pre-Existing Materials" means materials, tools, code libraries, templates, and know-how we owned or developed before, or independently of, the engagement. "Third-Party Materials" means materials licensed from third parties, including fonts, stock assets, plugins, and software. We retain all rights in Pre-Existing Materials and grant you a non-exclusive, royalty-free license to use them solely as embedded in the Deliverables. Third-Party Materials remain subject to their respective licenses, and you are responsible for maintaining any ongoing licenses required.
10.4 Client Materials
You retain ownership of Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Materials as necessary to perform the Services for the duration of the engagement.
10.5 Portfolio & Promotional Use
Unless you notify us otherwise in writing, you grant us the right to reference your name and logo and to display non-confidential Deliverables and high-level results in our portfolio, case studies, website, and marketing materials for the purpose of demonstrating our work.
11 Confidentiality
"Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure, including business plans, strategies, financials, customer data, pricing, and technical information.
The Receiving Party agrees to: (a) use Confidential Information solely to perform its obligations or exercise its rights under the Agreement; (b) protect it with at least the same degree of care it uses for its own confidential information, and no less than reasonable care; and (c) not disclose it to third parties except to employees, contractors, and advisors who need to know it and who are bound by confidentiality obligations no less protective than these.
Confidential Information does not include information that is or becomes public through no fault of the Receiving Party, was rightfully known before disclosure, is rightfully obtained from a third party without restriction, or is independently developed without use of the Confidential Information. The Receiving Party may disclose Confidential Information to the extent required by law, provided it gives reasonable prior notice where legally permitted. These obligations survive termination of the Agreement.
12 Performance & No-Guarantee of Results
We bring professional skill, experience, and best efforts to every engagement. However, digital marketing and website development outcomes depend on numerous factors beyond our control — including market conditions, competition, your products and pricing, your sales processes, audience behavior, Third-Party Platform algorithms and policies, seasonality, and the quality and timeliness of Client cooperation.
Accordingly, we do not and cannot guarantee any specific results, including particular levels of traffic, rankings, impressions, clicks, leads, conversions, sales, revenue, return on ad spend, or growth. Any examples, projections, case studies, or past performance we share are illustrative only, are not promises, and are not indicative of the results you will achieve. You acknowledge that you are engaging us for professional services and effort, not for a guaranteed outcome.
13 Advertising & Platform Compliance
Where the Services involve advertising, you acknowledge that all advertising is subject to the policies of the relevant advertising networks and to applicable advertising, consumer-protection, and industry-specific laws. You are responsible for ensuring that your products, services, claims, offers, landing pages, and business practices comply with those policies and laws.
We may decline to run, or may pause, any campaign or creative that we reasonably believe violates a platform policy or applicable law, or that may expose us to liability or reputational harm. Platforms may disapprove ads, restrict features, or suspend accounts for reasons within their sole discretion. We are not responsible for platform decisions or for losses arising from account restrictions or suspensions, including those resulting from your business practices or content.
14 Term & Termination
These Terms apply from the moment you first access the Website or Services and continue until terminated. The term of any specific engagement is set out in the applicable SOW.
14.1 Termination for Convenience
Either party may terminate an ongoing engagement for convenience on the notice period stated in the SOW (or thirty (30) days' written notice if none is stated).
14.2 Termination for Cause
Either party may terminate immediately on written notice if the other party materially breaches the Agreement and fails to cure the breach within ten (10) days of written notice (or immediately, where the breach is incapable of cure). We may also suspend or terminate immediately if you fail to pay amounts when due, violate the Acceptable Use Policy, infringe our or a third party's rights, or engage in conduct that exposes us to legal or reputational risk.
14.3 Effect of Termination
On termination: (a) all unpaid fees for Services performed and committed third-party costs become immediately due; (b) our access to your accounts and platforms is removed; (c) each party returns or destroys the other's Confidential Information on request, subject to legal retention requirements; and (d) provisions that by their nature should survive — including those concerning payment, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.
15 Warranties & Disclaimers
We warrant that we will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards.
Except for that express warranty, the Website, the Services, and all Deliverables are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Website or Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any particular result will be achieved. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, in which case such warranties are limited to the minimum extent permitted by law.
16 Limitation of Liability
To the maximum extent permitted by applicable law:
- In no event will Magnet Media Agency, its owners, officers, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or related to the Website, the Services, or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.
- Our total aggregate liability for all claims arising out of or related to the Website, the Services, or these Terms will not exceed the total fees actually paid by you to us for the specific Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the liability.
These limitations apply to the fullest extent permitted by law and form an essential basis of the bargain between us. Some jurisdictions do not allow the limitation or exclusion of certain liabilities; in those jurisdictions, our liability is limited to the smallest amount permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded.
17 Indemnification
You agree to indemnify, defend, and hold harmless Magnet Media Agency and its owners, officers, employees, contractors, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Website or Services; (b) Client Materials or any content, products, services, or claims you provide or promote; (c) your breach of these Terms or any representation or warranty herein; (d) your violation of any applicable law or any Third-Party Platform policy; or (e) your infringement or misappropriation of any third party's Intellectual Property Rights or other rights. We will provide you with reasonable notice of any claim subject to indemnification and reasonable cooperation, at your expense, in the defense of the claim.
18 Force Majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, governmental action, labor disputes, power or internet failures, and failures or changes of Third-Party Platforms. The affected party will use reasonable efforts to mitigate the effects and to resume performance as soon as practicable.
19 Independent Contractor Relationship
We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us. Neither party has authority to bind the other or to incur obligations on the other's behalf. We retain sole control over the manner and means by which the Services are performed, and we may use employees, subcontractors, or third-party tools to deliver the Services while remaining responsible for their performance under these Terms.
20 Non-Solicitation
During any engagement and for a period of twelve (12) months following its conclusion, you agree not to, directly or indirectly, solicit for employment or engagement, hire, or otherwise retain any employee or contractor of Magnet Media Agency with whom you had material contact in connection with the Services, without our prior written consent. This provision does not prohibit general solicitations not specifically directed at our personnel. If this provision is found to be unenforceable as written, it will be enforced to the maximum extent permitted by law.
21 Disputes & Governing Law
We prefer to resolve disputes amicably. Before commencing any formal proceeding, the parties agree to attempt in good faith to resolve any dispute through direct, written negotiation, beginning with a written notice describing the dispute sent to the contact address below. If the dispute is not resolved within thirty (30) days of that notice, either party may pursue the remedies available to it.
21.1 Governing Law
These Terms and any dispute arising out of or related to them or the Services are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Because we also maintain operations in Anaheim, California, United States, where mandatory provisions of California or other applicable law confer rights that cannot be waived, nothing in these Terms limits those non-waivable rights.
21.2 Venue
Subject to any non-waivable rights you may have under the law of your place of residence, you agree that the courts located in Edmonton, Alberta, Canada will have exclusive jurisdiction over any dispute that proceeds to court, and you consent to the personal jurisdiction of those courts.
21.3 Time to Bring Claims
To the extent permitted by law, any claim arising out of or related to the Services must be brought within one (1) year after the cause of action arises, failing which the claim is permanently barred.
22 Electronic Communications & Consent
By using the Website or Services, you consent to receive communications from us electronically, including by email and through the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Electronic signatures, acceptances, and records will have the same legal effect as handwritten signatures and paper records to the fullest extent permitted by law.
We may send you transactional and service-related messages necessary to the engagement. Where we send marketing communications, you may opt out at any time using the unsubscribe mechanism provided or by contacting us, without affecting transactional messages.
23 Changes to These Terms
We may update these Terms from time to time to reflect changes in our Services, technology, legal requirements, or business practices. When we make changes, we will revise the "Last Updated" date at the top of this page and, where the changes are material, we will take reasonable steps to provide additional notice. Your continued use of the Website or Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website and Services.
24 General Provisions
24.1 Entire Agreement
These Terms, together with the documents incorporated by reference and any applicable SOW, constitute the entire agreement between you and us regarding the Website and Services and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written.
24.2 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect.
24.3 Waiver
No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right. Any waiver must be in writing to be effective and applies only to the specific instance for which it is given.
24.4 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate. These Terms bind and benefit the parties and their permitted successors and assigns.
24.5 Headings & Interpretation
Section headings are for convenience only and do not affect interpretation. Words such as "including" mean "including without limitation." The Terms will not be construed against the drafting party.
24.6 Notices
Notices to us must be sent to the email address set out in the Contact section below. We may provide notices to you by email, through the Website, or through your account.
25 Acceptable Use Policy
This Acceptable Use Policy governs your conduct in connection with the Website and Services and forms part of these Terms. You agree that you will not, and will not permit any third party to:
- Use the Website or Services for any unlawful, fraudulent, deceptive, or harmful purpose, or in violation of any applicable law, regulation, or third-party right;
- Promote or facilitate illegal goods or services, or content that is defamatory, obscene, hateful, harassing, or that incites violence or discrimination;
- Infringe or misappropriate any Intellectual Property Rights, privacy rights, or other rights of any person;
- Upload or transmit viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Website, our systems, or other accounts;
- Interfere with or disrupt the integrity or performance of the Website or Services, including through denial-of-service attacks, scraping, or excessive automated requests;
- Misrepresent your identity or affiliation, or provide false or misleading information;
- Use the Services to send unsolicited communications (spam) or in violation of anti-spam or electronic-communications laws;
- Reverse engineer, decompile, or attempt to extract the source code of any software or tools we use, except to the extent permitted by law; or
- Resell, sublicense, or commercially exploit the Website or Services except as expressly authorized.
We may investigate suspected violations and may suspend or terminate access, remove content, and report unlawful activity to authorities. We reserve all rights and remedies available to us in connection with any violation of this policy.
Privacy Policy
Your privacy matters to us. This Privacy Policy explains what information we collect, how and why we use it, with whom we share it, how we protect it, and the choices and rights you have. It applies to information we process in connection with the Website and the Services. By using the Website or Services, you acknowledge that you have read and understood this Privacy Policy.
26 Introduction
Magnet Media Agency operates from Edmonton, Alberta, Canada and Anaheim, California, United States, and serves clients worldwide. We act as a "controller" or "business" with respect to personal information we collect about visitors, prospective clients, and clients through the Website and our own operations. Where we process personal information on behalf of a client in the course of delivering Services, we act as a "processor" or "service provider," and that processing is governed by our agreement with that client.
We are committed to handling personal information responsibly, transparently, and in accordance with applicable privacy and data-protection laws. Because our visitors and clients are located around the world, this Policy is written to reflect globally recognized privacy principles, and we honor applicable local rights wherever you are located.
27 Scope of This Policy
This Policy covers personal information we collect: (a) through the Website, including forms, the booking widget, and analytics; (b) when you contact us or communicate with us; (c) when you engage us and during the provision of Services; and (d) from limited third-party sources as described below. This Policy does not apply to third-party websites, platforms, or services that we do not own or control, even where we link to them or use them to deliver Services. Those third parties have their own privacy policies, which we encourage you to review.
28 Information We Collect
28.1 Information You Provide
We collect information you provide directly, including when you submit a contact or booking form, request a consultation, subscribe to communications, or engage our Services. This may include your name, email address, telephone number, company or organization, your selected service focus and the answers you provide, scheduling preferences, the contents of your messages, and any other information you choose to share.
28.2 Information Collected Automatically
When you visit the Website, we and our service providers may automatically collect certain technical information, including your IP address, device and browser type, operating system, referring and exit pages, pages viewed and links clicked, approximate location derived from your IP address, language preferences, and the dates and times of your visits. We collect this information using cookies and similar technologies, as described in Section 29 and our Cookie Policy.
28.3 Information from Third Parties
We may receive limited information about you from third parties, such as advertising and analytics providers, scheduling and customer-relationship-management platforms, social media platforms when you interact with our content, and publicly available sources. We combine this information with information we collect directly to operate and improve our Services and marketing.
28.4 Information During Engagements
In the course of delivering Services, we may be granted access to client accounts, analytics, advertising platforms, and other systems that contain data, including data about your own customers. We handle such data in accordance with our agreement with the client and applicable law, and only as necessary to provide the Services.
28.5 Sensitive Information
We do not seek to collect sensitive categories of personal information (such as government identifiers, health information, or financial-account details) through the Website, and we ask that you not submit such information through our forms. Payment-card details, where applicable, are handled by our payment processors and are not stored by us.
30 How We Use Information
We use personal information for the following purposes:
- To provide and operate the Website and Services, including responding to inquiries, scheduling consultations, onboarding clients, and delivering Deliverables;
- To communicate with you, including sending transactional and service-related messages, confirmations, updates, and, where permitted, marketing communications;
- To process payments and manage billing and accounts;
- To personalize and improve the Website, Services, and user experience;
- To measure and improve our marketing, including analytics, attribution, audience insights, and advertising performance;
- To maintain security and to detect, prevent, and respond to fraud, abuse, and technical issues;
- To comply with legal obligations, enforce our Terms, and protect our rights, property, and safety and those of others.
31 Bases for Processing
We process personal information only where we have a proper basis to do so. Depending on the circumstances and applicable law, our bases include: your consent (for example, for certain marketing or non-essential cookies); the performance of a contract with you or to take steps at your request before entering a contract; our legitimate interests in operating, securing, and improving our business and marketing, balanced against your rights; and compliance with legal obligations. Where we rely on consent, you may withdraw it at any time without affecting the lawfulness of processing carried out before withdrawal.
33 Advertising & Analytics
We and our partners use analytics tools to understand how the Website is used and advertising tools to promote our Services and measure campaign effectiveness. These tools may use cookies, pixels, and device identifiers to collect information about your activity over time and across websites and apps. This may enable interest-based advertising, in which ads are tailored based on your inferred interests.
You can opt out of many interest-based advertising programs through your device and browser settings and through industry opt-out tools offered by advertising self-regulatory organizations. Opting out does not eliminate all ads; it means the ads you see may be less relevant.
34 Data Retention
We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to provide the Services, maintain business records, comply with our legal, accounting, and reporting obligations, resolve disputes, and enforce our agreements. When personal information is no longer needed, we take reasonable steps to delete, anonymize, or securely dispose of it. Retention periods vary depending on the type of information and the applicable legal and operational requirements.
35 Data Security
We implement reasonable administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, use, disclosure, alteration, and destruction. These measures may include access controls, encryption in transit where appropriate, and limiting access to those who need it to perform their roles.
However, no method of transmission over the internet or of electronic storage is completely secure, and we cannot guarantee absolute security. You are responsible for keeping any credentials you use confidential and for taking reasonable steps to protect your own systems. If we become aware of a security incident affecting your personal information, we will respond in accordance with applicable law.
36 International Data Transfers
We operate from Canada and the United States and work with service providers that may be located in various countries. As a result, your personal information may be transferred to, stored in, and processed in countries other than the one in which you reside, including Canada and the United States, where data-protection laws may differ from those in your jurisdiction. Where required by applicable law, we take steps to ensure that such transfers are subject to appropriate safeguards. By using the Website or Services, you understand that your information may be processed in these locations.
37 Your Rights & Choices
Depending on where you live and subject to applicable law, you may have some or all of the following rights regarding your personal information:
- Access: to request confirmation of whether we process your personal information and to obtain a copy of it;
- Correction: to request correction of inaccurate or incomplete information;
- Deletion: to request deletion of your personal information, subject to legal exceptions;
- Portability: to receive certain information in a portable format;
- Restriction & Objection: to restrict or object to certain processing, including processing based on legitimate interests and direct marketing;
- Withdraw Consent: to withdraw consent where processing is based on consent;
- Opt Out of Marketing: to unsubscribe from marketing communications at any time;
- Opt Out of Sale/Sharing: where applicable, to opt out of the "sale" or "sharing" of personal information for targeted advertising; and
- Non-Discrimination: to not be unlawfully discriminated against for exercising your rights.
To exercise any of these rights, contact us using the details in Section 45. We will respond within the time required by applicable law. We may need to verify your identity before fulfilling your request, and certain requests may be subject to legal exceptions. You may also have the right to lodge a complaint with your local data-protection or privacy authority.
38 Children's Privacy
The Website and Services are intended for businesses and adults and are not directed to children. We do not knowingly collect personal information from children. If you believe that a child has provided us with personal information, please contact us, and we will take reasonable steps to delete it in accordance with applicable law.
39 Automated Decision-Making
We do not make decisions that produce legal or similarly significant effects about you based solely on automated processing without human involvement. Where we use analytics or advertising tools that involve profiling for marketing purposes, you may exercise the choices described in Sections 33 and 37.
40 Third-Party Links & Services
The Website and our communications may contain links to third-party websites, platforms, and services that we do not control. We are not responsible for the privacy practices or content of those third parties. We encourage you to review the privacy policies of any third-party services you access.
41 Do Not Track
Some browsers offer a "Do Not Track" signal. Because there is no consistent industry standard for interpreting such signals, the Website does not currently respond to them. We do, however, honor applicable opt-out rights and cookie preferences as described in this Policy.
42 Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, or legal requirements. When we do, we will revise the "Last Updated" date at the top of this page and, where the changes are material, take reasonable steps to provide additional notice. Your continued use of the Website or Services after the changes take effect constitutes your acknowledgment of the revised Policy.
44 Disclaimers
44.1 No Professional Advice
The content on the Website and any general information we provide are for informational purposes only and do not constitute legal, financial, tax, accounting, or other professional advice. You should consult qualified professionals before making decisions based on such information.
44.2 No Guarantee of Results
As stated in Section 12, we do not guarantee any specific marketing or business results. Any testimonials, case studies, statistics, or examples shown on the Website reflect particular circumstances and are not promises or guarantees of the results you will achieve.
44.3 Accuracy & Availability
While we strive to keep the Website accurate and up to date, we make no representations or warranties regarding the completeness, accuracy, reliability, or availability of the Website or its content, which may change without notice. The Website may occasionally be unavailable due to maintenance or technical issues.
44.4 Third-Party Content
References to third-party products, services, or organizations on the Website do not constitute endorsements, and we are not responsible for third-party content, products, or services.
45 Contact Us
If you have any questions, concerns, or requests regarding these Terms, the Privacy Policy, or your personal information — including to exercise any of your rights — please contact us. We will do our best to respond promptly and in accordance with applicable law.
Magnet Media Agency
[email protected]Operating from Edmonton, Alberta, Canada & Anaheim, California, USA · Serving clients worldwide