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Legal / Privacy

Legal Notice

PLEASE READ CAREFULLY THE TERMS OF USE BELOW.  BY USING THIS WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE TO THESE TERMS OF USE.
 
If you do not agree with any of the Terms of Use below, please do not use this website.
 

Privacy Policy

We value our customers and respect your privacy.  Our policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties.  Our policy also describes the choices you can make about how we collect, use, and disclose your information.
 
 

Terms of Use

Welcome to the Caliboo Hats website.  Please review the terms and conditions of use carefully, as they govern your use of CalibooHats.com (the “Website).

The following terms and conditions of use are an agreement (the "Agreement") between Caliboo Hats Inc. ("Caliboo Hats") and you.  Your use of the Website constitutes your agreement to follow and be bound by the Agreement.  We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice.  Any modifications to this Agreement will be posted on the Website.  For this reason, we encourage you to review the Agreement whenever you use the Website.  If you do not agree to these terms, please do not use the Website.

Site Transactions

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
 

Right to Change Website

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any service, content, feature or product offered through the Website.
 

Website Contents

Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Caliboo Hats Inc. and/or its subsidiaries. CALIBOO HATS, and other trade-marks appearing on the Website are the trade-marks of Caliboo Hats Inc. and/or its subsidiaries.
 
The Website and the Contents are intended solely for the purpose of shopping on this Website or for placing an order on this Website and for no other purpose.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.  All rights not expressly granted herein are reserved.
 
Any unauthorized use of the Website or the Contents may violate copyright, trade-mark and other applicable laws and could result in criminal or civil penalties.


User Comments, Feedback, and Other Submissions

Caliboo Hats is pleased to hear from users and welcomes your comments regarding our products and services.  Caliboo Hats’ company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested.  We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by employees and agents of Caliboo Hats and/or its affiliates might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business.  If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Caliboo Hats and its affiliates may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Caliboo Hats.  Caliboo Hats and its affiliates are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.  Caliboo Hats has the right but not the obligation to monitor and edit or remove any Comments.
 
You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right.  You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Caliboo Hats, its affiliates or other third parties as to the origin of any Comments.  You are solely responsible for any Comments you make and their accuracy.  Caliboo Hats and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.
 

Personal Information Submitted Through the Website

Your submission of personal information through the Website is governed by our privacy policy, which can be reached by clicking on the Legal / Privacy link located in the footer section of the Website (the "Privacy Policy").  This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
 

Product Information

Many products displayed on the Website may be available in select stores in Canada, the United States, and other markets.  Unless otherwise indicated, prices displayed on the Website are quoted in Canadian Dollars.

Certain products are available exclusively online through the Website.  These products may have limited quantities and are subject to return or exchange only through the Website according to the applicable return policy.

Tax Policy

Tax charges are based on applicable federal and harmonized sales tax rates based on the delivery address associated with your order.  Where required, sales tax will also be applied to the shipping and handling charges.  If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item.  You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped.  If you have questions about the sales taxes on your invoice, please call us at 1-403-273-6726.
 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
 

Colours

We have made every effort to display as accurately as possible the colours of our products that appear at the Website.  We cannot guarantee that your computer monitor's display of any colour will be accurate.
 

Promotions

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from this Agreement.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.
 

Links to Other Web Sites and Services

The Website may contain links to other web sites that are not under the control of Caliboo Hats or its affiliates.  Neither Caliboo Hats nor any of its affiliates has any responsibility for the linked web sites nor does linking constitute an endorsement of any linked web site.  Links are provided solely for the convenience and information of the Website's users.
 

Passwords

You are solely responsible for maintaining the confidentiality of your password and user account information.  You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password.  You are solely responsible for any and all activities which occur under your user account.  You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.
 

Disclaimer

THE CONTENT OF THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NEITHER CALIBOO HATS NOR ANY OF ITS AFFILIATES WARRANT THAT THE WEBSITE OR ANY FUNCTION CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CALIBOO HATS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE WEBSITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE.  YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE.  CALIBOO HATS AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

Neither Caliboo Hats nor any of its affiliates represent or warrant that the Website, or any part thereof, are appropriate or available for use in any particular jurisdiction.  Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALIBOO HATS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY WEB SITE OR WEB SITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THE SITES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE.
 

Indemnification

You agree to defend, indemnify and hold Caliboo Hats and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, condition or other provision of the Agreement.
 

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Caliboo Hats agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Notice shall be sent

(1) to Caliboo Hats at: 9075 Scurfield Drive NW, Calgary, AB T3L 1L3, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
 
To the maximum extent permitted by law, both you and Caliboo Hats agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Alberta and Canada, as applicable therein, without regard to any conflict of law provisions.  Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Calgary, Alberta.
 

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Caliboo Hats’ right to require strict observance of each of the terms herein.  If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.  This Agreement constitutes the entire agreement between us relating to your use of the Website.

Caliboo Hats may assign its rights and obligations under the Agreement.  The Agreement will inure to the benefit of Caliboo Hats’ successors, assigns and licensees.

Termination

These terms are effective unless and until terminated by either you or Caliboo Hats Inc. Caliboo Hats also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any term or provision of the Agreement.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
 

Choice of Language

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
 

Privacy Policy 

We value our customers and respect your privacy.  We collect information about you through our website in an effort to improve your shopping experience and to communicate with you about our products, services, contests and promotions.

This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties.  Our policy also describes the choices you can make about how we collect, use, and disclose your information.  If our information practices change, we will post an updated policy on our website.  You can browse our site without providing any personal information.  However, if you choose not to provide us with certain personal information, this may result in your being unable to use certain services or features offered by us.

If you have any questions about our privacy policy, please contact us.
 
 

What kind of personal information does Caliboo Hats collect?

We may collect personal information from you, such as your name, email address, postal address, phone number or credit card number, when you visit our website, place an order online or by phone, save your information with us online, return an item, contact us with a question or concern, or participate in a contest, promotion, or survey.  We may maintain a record of your product interests and the purchases you make online or by phone.
 
Personal information about you is or may be stored in servers hosted in various countries, including in the United States and Canada.  Your personal information may be subject to the laws of the countries in which it is stored or used, and those countries may have a different data protection regime than the country in which you reside and under the laws of those other countries, in certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. By providing us with any personal information, you consent to the transfer of your personal information to other countries, such as the United States, which may have a different privacy regime from your country of residence.
 

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How does Caliboo Hats use personal information?

We may use your personal information in the following ways:
 
  • To process and fulfill your order(s), including to send you emails to confirm your order status and shipment
  • To process merchandise returns
  • To administer and fulfill contests, loyalty programs, and other promotions and programs in which you participate
  • To help us address problems with and improve our site design, products and services
  • To enhance your shopping experience
  • To help us learn more about your shopping preferences
  • To understand your shopping interests and purchasing history so that we can tailor offers and promotions to you
  • For our internal business purposes, such as to analyze trends and statistics, for audits, to develop new products, to enhance our website, to improve our services, to identify usage trends and to determine the effectiveness of our promotional campaigns
  • To protect the security or integrity of our website and our business
  • To prevent, detect and investigate activity and transactions that are suspicious, fraudulent, or violate our terms of use
  • To contact you if necessary regarding your transactions with us, changes to our terms, conditions, and policies and/or for other administrative purposes
  • With your consent when required, to communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications
 

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Does Caliboo Hats share personal information about me?

We may share your personal information in the following ways:
 
  • Caliboo Hats Inc.  When you provide personal information to Caliboo Hats, we may share that information with those entities listed below, and no others so that they may use and disclose it for the purposes described in this privacy policy.
  • Service Providers.  We engage service providers who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, conducting surveys, processing credit cards, fulfilling your requests, or helping prevent, detect and investigate fraudulent or suspicious activities and transactions.  We require that our service providers appropriately protect personal information and use it only to provide services to us.
  • Third Parties.  We may share your personal information with third party sponsors of contests, promotions, scrip or loyalty programs, or otherwise in accordance with the terms and conditions applicable to any such contests, promotions or programs.  You should carefully review any such terms and conditions, as they may contain additional important information about a sponsor's or other third party's use of your personal information.  To the extent that the terms and conditions conflict with this privacy policy, the terms and conditions of such contests, promotions and programs shall control.
  • Corporate Transactions.  In the unlikely event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition (including without limitation in connection with any bankruptcy or similar proceedings) of all or any portion of the business, assets or stock of Caliboo Hats Inc., personal information about our customers and other information we have collected as described in this policy may be among the transferred business assets and may be shared with other parties.
  • Other Disclosures.  Caliboo Hats Inc. also may disclose personal information about you in order to: (1) protect the legal rights, privacy or safety of Caliboo Hats or our employees, agents and contractors; (2) protect the safety and security of visitors to our website or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from government or public authorities in any country in which we operate; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms of Use or the terms and conditions applicable to any contest, promotion or program; or (7) comply with the law or legal process.
 

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How do I access or change personal information?

You can contact us as described in the section entitled "How do I contact you?" below to request access to or more information about the use of personal information or to ask us to change, update, delete and/or suppress personal information.  Please note that certain personal information may be exempt from such access, correction, deletion or suppression rights pursuant to local data protection laws.  We will respond as required by applicable law.  Further, if we provide functionality on our website that permits you to set up an account on the site, you may log into your account to access and change your personal information.
 
You must clearly indicate the information that you wish to have changed, the information that you wish to have suppressed from our database, or the limitations you wish to put on our use of your personal information.
 

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How do I make choices about personal information?

Caliboo Hats wants to communicate with you only if you want to hear from us.  If you prefer not to receive promotional information, such as information about special offers and sales events, you can let us know by contacting our customer service as described in the section entitled "How do I contact you?" below or by following the "Unsubscribe" instructions provided in newsletter emails sent to you.
 
Please be sure to include your full name and the email address you used when you registered with or made a purchase from our website.  If you ask us to remove your name and address from promotional lists, we will maintain your name in a "do not contact" file in order to honour your request.  It may take up to 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from Caliboo Hats.
 
If you change your mind, you can start receiving promotional communications from us again by signing up when you visit our website or when you enter a sweepstakes or contest, or by contacting customer service.
 

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How does Caliboo Hats collect and use non-personal information?

Non-personal information is information that does not identify you.  It may include information you have provided to us such as demographic data, for example, your gender, birthday, and personal interests.  Non-personal information also includes aggregate information, for example, using personal information to calculate the percentage of our customers who like a particular product.
 
When you visit our website, Caliboo Hats collects information that may include your MAC address, your computer type, screen resolution, OS version, Internet browser, IP address (as further described below), cookies (as further described below), single-pixel gif images and other similar technologies (as further described below) to better serve you with more tailored information and facilitate your ongoing use of our website.
 
Caliboo Hats may use non-personal information and share non-personal information with other third parties for any purpose.  Caliboo Hats may combine non-personal information with personal information, such as combining your geographic location with your name, but if we do this the information will be treated by us as personal information for so long as it is combined.
 

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How does Caliboo Hats collect and use cookies?

Our website uses "cookies," which are small data files that are stored on your computer when you visit a website.  Cookies may be used in a variety of ways to enhance or personalize your online experience.  For example, we may use cookies to enable you to use certain website features, store your preferences, recognize you when you return to our website, and monitor and maintain information about your use of our website.  Cookies may also be used to collect transaction information needed by a scrip or loyalty program to which you have authorized us to provide your personal information (see the section entitled "Does Caliboo Hats share my information?" above).  You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it.  If you do not accept cookies, however, certain features of our websites may not be available to you.
 

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How does Caliboo Hats collect and use single-pixel gif images and similar technologies?

We use "single-pixel gif images" and other similar technologies on our website and in our emails.  These technologies help us analyze our customers' online behaviour and measure the effectiveness of our websites and our advertising.  We work with service providers that help us track, collect, and analyze this information.  Single-pixel gif images on our website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the website.  This information may include your browser type, your operating system, date and time information, and other technical information about your computer.  We may also track certain information about the identity of the website you visited immediately before coming to our site.  Single-pixel gif images and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
 
We may combine the information we collect through cookies and single-pixel gif images with other information we have collected from you.  This information may be used to improve our websites, to personalize your online experience, to tailor our communications with you, to determine the effectiveness of our advertising, to understand your preferences and for other internal business purposes.
 

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How does Caliboo Hats collect and use IP addresses?

Your IP address is a number that is automatically assigned to your computer by your Internet Service Provider (ISP).  This number is logged automatically in our server log files whenever you visit our website, along with the time of your visit and the pages that you visited.  It is also collected by single-pixel gif images, as described above.  Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
 
We may use IP addresses for the same purposes for which we use personal information, as well as for calculating website usage levels, helping diagnose server problems, and administering our website and your use of our website including providing opportunities to you and fulfilling your requests and purchases.  Except where otherwise required by law, we treat IP addresses, server log files and related information as non-personal information.
 

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How do I know personal information about me is secure?

We take your security very, very seriously.  We do our best to provide you with a safe and convenient online experience.  Our server is PCI certified, complying to the the strongest set of measures to insure your transactions are kept private, secure and hacker free.  When you enter your personal information on our websites, we use Secure Sockets Layer (SSL) technology to protect your personal information as it is transmitted to us.
 
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  Please do not send us sensitive information through email.  If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us as described in the section entitled "How do I contact you?" below.  If you choose to notify us by postal mail this will delay the time it takes for us to respond to the problem.
 

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What about links to other websites?

For your convenience and information, our website may contain links to other sites, which may have privacy practices and policies that differ from our own.  We are not responsible for the content or practices of any linked site.  We recommend that you review the privacy policy of any site that you access through our sites.  The inclusion of a link to a third-party site on our website does not imply that Caliboo Hats endorses the site.
 

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How long do you retain my information?

We will retain your personal information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law.
 

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How do I contact you?

To make choices about receiving promotional communications, to update or change personal information about you in our databases or to request that we delete or suppress your personal information, please call us at 1-403-273-6726, write to us at the address below, or complete the on-line form that can be accessed on our contact us page.  If you have other questions about our privacy policy, please direct your communication to the address below or call 1-403-273-6726.
 

By mail:
Caliboo Hats Customer Service
9075 Scurfield Drive NW
Calgary, AB T3L 1L3

 

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