PRIVACY POLICY

Last Modified: June 10, 2021

 

Optlocal.ca Incorporated is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). Further to our terms of use https://optlocal.ca/terms-of-use (the “Terms”), this Privacy Policy sets out how we collect, store and use personal information and cookies. Unless otherwise indicated, any capitalized terms in this Privacy Policy have the same meaning attributed to them in our Terms.

 

By agreeing to our Terms or by using the OptLocal Platform, you consent to the collection and use of personal information in accordance with this Privacy Policy, which may update from time to time.

If you believe that we have not adhered to this Privacy Policy or would like to request an amendment to personal information being held by us, please contact our Privacy Officer by e-mail sent to support@optlocal.ca.

PART I: COLLECTION OF PERSONAL INFORMATION

The Personal Information of Other Individuals

To the extent you provide us with, or upload data that includes the personal information of another individual, you represent and warrant that you have that individual’s consent to provide us with their information to use in accordance with this Privacy Policy and our Terms. If you do not have their consent, you agree not to upload or provide us with any such personal information.

To establish an account with us or use our OptLocal Platform, we may collect the following personal information:

• Full name;

• Business name(s);

• Mailing address;

• Billing Address;

• Email address;

• Phone number;

• Banking and/or credit card information;

• Comments, feedback, reviews and other information you upload or provide to the OptLocal Platform;

• IP address and corresponding location data;

• Website statistics and analytics data regarding your use of the OptLocal Platform;

• Other types of raw data relating to how you interact with the OptLocal Platform, for example, your browser information and session duration;

• Profile photos (where you elect to upload them); and

• All other information you provide on the OptLocal Platform or otherwise

Social Media Account Login Providers

Where you elect to create an account using a social media account login provider, for example, Apple, LinkedIn, Facebook, Google or Twitter, you agree and acknowledge that they may provide us with certain profile and account information to establish your account.

Payment Processing

We may also collect credit card and payment information from you via a third-party payment processor. As of the date of this policy, we use JPMorgan Chase & Co. and their affiliated or related entities (see https://www.chase.ca/en). For more information on their terms of service and privacy policy, visit https://www.chase.ca/en/terms-of-use and https://www.chase.ca/en/terms-of-use.

Although we may display their forms on the OptLocal Platform, when you provide your payment details you are providing them to the applicable payment processor. You acknowledge that our third-party payment processors may have their own agreements which apply to you. While we will not have access to your entire credit card number, we will be able to bill your credit card and may have access to certain card and payment details such as the name on your card, billing address and card expiration date. If you have questions regarding our payment processor, please contact us.

PART II: THE USE OF PERSONAL INFORMATION

We do not sell personal information to third-parties. However, we may use personal information to:

• Send to sellers you place orders from;

• Send to third party shipping companies to create shipping labels and to otherwise facilitate shipping goods to or from you;

• Facilitate the normal operation of the OptLocal Platform, including sharing or providing access to personal information to Third-Party Providers, see below for details;

• Bill and collect money owed to us, or to allow a seller to bill and collect money owed to them;

• Verify your contact information;

• Provide user support or to support and improve the OptLocal Platform;

• Communicate with you about your account, goods offered by third party sellers, or services we offer;

• Target advertising to you;

• To assist in resolving complaints or returns with other users or sellers on the platform;

• Send or display informational and promotional materials, including advertisements, from us, our partners, advertisers or third parties to you. You may unsubscribe from such communications at any time. Our promotional emails may have promotions and may market the goods and services of our various third party sellers on the platform;

• Pursue available legal remedies to us, or other users, and to prosecute or defend a court, arbitration or similar proceeding;

• To meet legal requirements or seek legal advice from a lawyer in connection with your use of our OptLocal Platform; and

• To enforce compliance with our Terms and applicable laws, rules and regulations.

PART III: THE DISCLOSURE OF PERSONAL INFORMATION

Sharing Personal Information and Content if Required by Law

We may share personal information and any content collected, uploaded or provided to us if required by law, such as in response to a subpoena, court order or other legal process in any jurisdiction. If we are required by law to make any disclosure of your personal information or content, we may, but are not obligated to, provide you with written notice of such disclosure, if permitted by law.

Sharing Personal Information to Cooperate with Investigations and Law Enforcement

Absent a court order, subpoena or other legal requirement to disclose personal information or content in our possession or control, you agree that we may also share personal information and content you upload or which is associated with your account to cooperate with law enforcement authorities in the investigation of any criminal matter if we reasonably believe doing so is necessary or beneficial in protecting your safety, or the safety of any third-party.

Sharing Personal Information with Third-Party Providers

Our suppliers, partners, independent contractors (collectively “Third-Party Providers”) and/or employees, may have access to, or be shared personal information to use in connection with one or more of the purposes for which the information was collected.

Our Third-Party Providers may have access to personal information in providing services to us, or providing you with access to the OptLocal Platform. We may use a variety of Third-Party Providers in order to host the OptLocal Platform and facilitate its ordinary use, including for example, hosting servers which store personal information.

As of the last revision date of this Privacy Policy, among others, we use the following Third-Party Providers who may have access to, collect and/or store your personal information, by virtue of our use of their services:

• Our email and data hosting providers include Namecheap, Inc., and their related and affiliated entities worldwide. For more information on their privacy practices please see https://www.namecheap.com/legal/general/privacy-policy/;

• Our data hosting providers include Web4you Inc., and their related and affiliated entities worldwide. For more information on their privacy practices please see https://web4you.ca/privacy-policy/;

• Our web analytics and targeted marketing software providers include Acquia Inc. who offer Mautic (https://www.mautic.org). For more information on their privacy practices please see https://mautic.com/privacy-policy/;

• We may also use the various services of Twilio, as the providers of SendGrid (https://sendgrid.com). For more information on their privacy practices please see https://www.twilio.com/legal/privacy.

We also use the following Third-Party Providers for data analytics in connection with your use of our OptLocal Platform, including:

• Google LLC together with their affiliated entities worldwide, in order to use Google Analytics. For details, visit https://analytics.google.com/analytics/web/; and

• Facebook Pixel, offered by Facebook, Inc. and their affiliated and related entities, which provides us with analytics and insights in to your use of our website. If you are a Facebook user, Facebook Pixel helps us target advertising to you via Facebook, Inc.’s platforms (Facebook and Instagram) based on the various pages you visit on our website. For more information about Facebook Pixel, see https://www.facebook.com/business/learn/facebook-ads-pixel.

We may also store your personal information in third party customer relationship management software systems.

We may update the above list of Third-Party Providers from time-to-time as the OptLocal Platform continue to evolve. Third-Party Providers may have their own agreements and privacy policies on the collection and use of personal information which either we or you provide them.

Your Personal Information May Not Be Stored in Canada

As we may have servers, Third-Party Providers, employees and other parties we share your personal information with in locations both inside and outside of Canada, your personal information may become subject to foreign laws and foreign legal proceedings.

Sharing Personal Information if Our Business is Acquired

We may share personal information with our successors (if our business or the OptLocal platform is acquired by another legal entity) or any assignee of our assets relating to the OptLocal Platform. Disclosure in such circumstances is governed by the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 in Canada.

Disclaimer and Warning About Sharing Personal Information Online

YOU ACKNOWLEDGE THAT WHEN SHARING PERSONAL INFORMATION ONLINE, THERE IS ALWAYS A RISK OF DATA BREACHES, INCLUDING DATA BREACHES IN WHICH THIRD PARTIES UNLAWFULLY ACCESS OUR SYSTEMS, OR THE SYSTEMS OF OUR THIRD-PARTY PROVIDERS, WHICH STORE PERSONAL INFORMATION.

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY WAY OF NEGLIGENCE, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT DIRECTLY AND GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.

Retention of Your Personal Information

We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected. Please contact us if you would like to delete any personal information we hold about you following the termination of your account.

PART IV: Our Use of Cookies

By using our OptLocal Platform, you consent to our use of cookies. This cookies policy explains what cookies are, how we use them and how Third-Party Providers may also use cookies on, or in connection with our OptLocal Platform.

What are Cookies?

Cookies are small text files sent to and automatically downloaded by your web browser (assuming you have cookies enabled) when you visit our website. A cookie file is stored in your web browser and allows our website and Third-Party Providers we use to recognize you, track your activity across our and other websites and is usually used in conjunction with logging your internet protocol (“IP”) address.

Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your computer (in your browser files) or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

Can you block the use of Cookies?

Most web browsers allow you to disable the use of cookies. However, our website or certain components of our website may not operate properly, and you may not be able to access and use our website if you disable cookies.

Can you delete Cookies once downloaded?

Most web browsers also permit you to delete cookies. This is typically done via your web browser’s settings, which vary depending on which web browser you use. For details on managing cookies settings using:

• Chrome - https://support.google.com/accounts/answer/32050;

• Firefox - https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored;

• Safari - https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac; and

• For any other web browser, please visit your web browser's official web pages.

How we use Cookies

Our use of cookies is primarily to analyze how you use our website, for instance which pages you visit most often and where you found our website online. This helps us better understand your user experience and other statistic which we may use to provide a better user experience in future updates to our Website.

For example, cookies are used in connection with our use of Google LLC’s Google Analytics. For more information on Google Analytics and how cookies are used by Google Analytics, see Google LLC’s information page at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

We, or Third-Party Providers we use to enable cookies, may also use cookies on our website to:

• Remember choices you have made on the website, such as adding items to your checkout cart;

• Remembering your username; or

• Target advertising or to customize advertising across various websites (not just our own) and make such advertisements more relevant to you.