CANADAMARK™ DIAMOND CERTIFICATE IMPORTANT LIMITATIONS
The Canadamark™ diamond certificate and other information provided with respect to your diamond (collectively the “Diamond Data”) is not a guarantee, valuation or appraisal. Dominion Diamond Mines ULC, and its affiliated companies (collectively “Dominion”) do not make any representations or warranties about the Diamond Data or the diamond referred to in it. The Diamond Data is provided “AS IS,” “WHERE-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR RELIABILITY. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE DIAMOND DATA ARE HEREBY DISCLAIMED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
A Canadamark diamond certificate, along with other information provided with respect to your diamond, is issued when the audit trail of the diamond achieves the requirements of the Canadamark diamond program. While all reasonable commercial efforts are made to ensure the results of the audit are correct and the diamond truly deserves to be called a Canadamark diamond, there can be no guarantee or warranty that the diamond has actually met all requirements. Neither the Diamond Data nor Dominion offer any guarantees in this respect. For instance, it is not always possible to determine if a diamond has been treated or processed.
Dominion has provided the Diamond Data for a small or nominal fee compared to the present and potential value of the diamond referred to in the Diamond Data because it is able to limit Dominion’s liability as follows:
DOMINION DIAMOND MINES ULC AND ITS AFFILIATED COMPANIES (COLLECTIVELY “DOMINION”) AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RESULTING FROM ANY ERROR OR OMISSION IN THE DIAMOND DATA OR FROM THE ISSUANCE OR USE OF THIS DIAMOND DATA, EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY DOMINION, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR BY THE ACTS OF OTHERS EVEN IF THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation of liability extends to the person for whom this Diamond Data was prepared and to every other person to whom this Diamond Data is distributed or shown.
This statement explains how Dominion Diamond Mines ULC, as owner of the Canadamark™ brand, (“Dominion”) handles and uses personal data we collect about you. Where in this statement we refer to “we” or “our” or “us” we are referring to Dominion and where we refer to “you” or “Your” we are referring to the persons accessing this website.
We are committed to protecting your personal information and to being transparent about what information we hold, and how and why we use that information. This notice tells you about these uses and is issued in connection with applicable privacy laws, including if applicable, the EU General Data Protection Regulation. This statement may be revised from time to time to ensure consistency with the regulations and any guidance from the Commission for the Protection of Privacy.
Personal data held by Dominion
We may collect the data that you choose to give to us. When you submit questions, request information, or validate your Canadamark™ certified diamond, we may ask you for information, such as your name, address, telephone number and email address so we can respond or follow up. We may also ask you to provide other relevant data, such as your location, your diamond purchasing history and diamond preferences.
We also automatically receive certain data when you visit our site, including your Internet Protocol (IP) address, browser data, data collected through cookies and other similar technologies, the date and time of your visit.
We ask that you not send us any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religious or other beliefs, health, criminal background, trade union membership, or government-issued identification numbers).
How your personal data is used by Dominion
Your data is used by us for a number of purposes, including:
To inform you of upcoming Canadamark events, developments and other marketing opportunities.
To respond to any questions or inquiries which you may submit to us.
For internal business purposes, such as data analysis, audits, developing new sales platforms, improving our site or services, understanding purchasing trends, and determining the effectiveness of our communications.
If you have concerns or queries about any of these purposes, or how we communicate with you, please contact us at the address given below.
Sharing your data and transfers to other countries.
Within Dominion, personal data may be shared between members of staff for the purposes described in this Privacy Statement. We may also share your data to third parties that provide services to us, such as website hosting, data analysis, IT services, and similar services.
Dominion is a diamond mining company with its head office in Calgary, Canada and as such Dominion is part of the Dominion Diamond Mines corporate group. Many corporate and administrative functions are processed by Dominion Diamond Mines ULC, or its subsidiaries on behalf of Dominion. As such, your personal data may be processed by members of the Dominion Diamond Mines corporate group located in either Canada or Antwerp. In all cases, your personal information will only be transferred to third countries, outside of the EU where:
data protection laws have been assessed as adequate by the European Commission, or
where adequate safeguards are in place, including standard contractual clauses.
Where data is shared within the European Union (EU), the third party will be required to comply with and safeguard the data in accordance with the General Data Protection Regulation.
How long data is kept
We will keep your personal data only as long as is necessary for the purpose(s) for which it was collected, and in accordance with our General Data Protection Policy and applicable laws. Data will be securely destroyed when no longer required.
You have the following rights:
To be informed – This privacy notice provides you with information on how we collect and use your personal data.
To Access your Data – You may request access to your personal data, which will be provided at no charge and within one month of the request (unless request is unfounded or excessive).
To Rectify your Data – You may request rectification of any errors to your personal data, which will be completed at no charge and within one month of the request.
To Erasure – You may request that your personal data be erased in a number of circumstances (eg. If the data is no longer necessary in relation to the purpose). Where possible, we will comply with all such requests at no charge and within one month of the request. If we believe it is not possible to erase your data pursuant to applicable laws, we will inform you accordingly.
To Restrict Processing – You may request that we restrict the processing of your personal data. Where possible, we will comply with all such requests at no charge and within one month of the request. If we believe it is not possible to restrict processing of your data pursuant to applicable laws, we will inform you accordingly.
Data Portability – you may request that we transfer your data. We will provide your data to you in a portable format, at no charge and within one month of the request.
To Object – you may object to the processing of your personal data. If we can, we will stop processing your data within one month of the request. If we believe it is not possible to stop processing your data pursuant to applicable laws, we will inform you accordingly.
Not to be subject to automated decision-making – Our clients are not subject to any automated decision-making or profiling.
To Lodge a Compliant – You have a right to lodge a compliant with an applicable privacy commission. In the EU, we are governed by the Commission for the Protection of Privacy in Belgium. See https://www.privacycommission.be for more details.
Please note, that we reserve the right to judge what information we must continue to hold and process in order to comply with applicable laws.
Dominion has implemented a Privacy Officer and a local representative who can be contacted as follows:
Malinda A. Kellett, General Counsel
900 – 606 4 Street SW,
Calgary, Alberta, Canada T2P 1T1
Frederik Degryse, Director Canadamark Sales
+32 3 20110 90
Schupstraat 15, 2018 Antwerp, Belgium
Our Privacy Officer, with the assistance of our local representative, is responsible for monitoring compliance with relevant legislation in relation to the protection of personal data. Please contact us if you have any concerns or questions about the above information, or wish to exercise any of your rights outlined above.
We may change this Privacy Statement in connection with changes to our business. The “Effective Date” legend at the top of this page shows when this Privacy Statement was last revised. Any changes will become effective when we post the revised Privacy Statement on the site. Your use of the site is subject to the terms of the Privacy Statement in effect at the time you use it.
Thank you for visiting this Website (this “Site”), which is provided by Dominion Diamond Mines ULC and its affiliated companies (collectively, “Dominion” or the “Company” or “we”).
By accessing and using this Site, you signify your acceptance, without limitation or qualification, of these Terms and Conditions, and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.
We may revise these Terms and Conditions from time to time and without notice. The revised Terms and Conditions will take effect as of the date of posting. If you use the Site after these changes become effective, it will signify your agreement to be bound by the changes. We recommend that you visit this page periodically to review the current Terms and Conditions that apply to you. For your convenience, the date of the last update to these Terms and Conditions appears at the bottom of this document.
CURRENCY OF WEBSITE
The Company updates the information on this Site regularly. However, such information is not intended to be a comprehensive review of all matters and developments concerning the Company and the Company does not guarantee the accuracy, currency or completeness of the information and assumes no responsibility in this regard.
OWNERSHIP OF CONTENT AND TRADEMARKS
We have created this Site to provide information about our Company, and the products and services we offer. This Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the “Content”) are owned and copyrighted by us or licensed to us from third parties. Furthermore, all trademarks on this Site, whether registered or unregistered, are owned by us or licensed to us or used under license from third parties. The trademarks of others that are referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws, or applicable foreign laws, rules, regulations and treaties. You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without our prior written permission or prior written permission of the third party who owns such trademarks.
LIMITED RIGHT TO USE THIS SITE
You may download and use the Content solely for your non-commercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Site, including, without limitation, notices on any Content you transmit, download, display or reproduce from the Site. No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
Except as set forth above, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without the express prior written consent of the Company or the copyright or trademark owner of the Content if the Company is not the owner. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the Internet or any other local or international computer system.
To a limited extent you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.
You are prohibited from using the Site to advertise or perform any commercial solicitation. If you violate any of these Terms and Conditions, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content. Any unauthorized use of the Content by you may violate copyright laws, trademark laws, the laws of privacy, publicity and personality rights, and/or communications regulations and statutes.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS,” “WHERE-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELINESS. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE AND ALL CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SITE WILL BE ERROR FREE OR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER POSSIBLY HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DOMINION NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR USE OF THE CONTENT ON THIS SITE INCLUDING WITHOUT LIMITATION ANY INACCURACY OR OMISSION IN SUCH CONTENT OR FAILURE TO KEEP THE CONTENT CURRENT OR THE USE OF ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
THIRD PARTY CONTENT
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations. General Provisions We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws, rules and regulation, keeping in mind that access to certain Content may not be legal by certain persons or in certain countries. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.
These Terms and Conditions, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by the Company without restriction and without notice to you. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Alberta, Canada provisions. You agree that the courts of the Province of Alberta in the City of Calgary shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site and these Terms and Conditions, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts. For the avoidance of doubt, this choice of Alberta law does not have the effect of incorporating into these Terms and Conditions in whole or part any Alberta statute or regulation if the scope of application of the statute or regulation or any provision of the statute or regulation would not otherwise include these Terms and Conditions. Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.
Last Updated: October 2018