PRIVACY POLICY

• 1. INTRODUCTION TO PRIVACY POLICY

  The Company is committed to maintaining the confidentiality, integrity and security of any Personal Information (as defined below) about the Company's End-Users. To demonstrate the Company's commitment to protecting Your privacy, the Company has developed this privacy policy (“Privacy Policy”), which describes how the Company will collect, use, disclose and protect Your Personal Information through the Product.

  • a) LICENSE AGREEMENT AND END USER LICENCE AGREEMENT

    • This Privacy Policy as well as the Company's Terms of Use (“License Agreement”) govern Your access and use of the Product, as defined in the License Agreement, as owned and operated by the Company, a federal corporation incorporated in Canada, having its registered address at 9 Crown Court, Toronto Ontario, M8Z 4V4. Terms capitalized but not defined in this Privacy Policy have the meanings set out in the License Agreement. “You”, “Your” and “Yours” refers to you, the end-user, or if You are a company that is registering for user accounts on behalf of Your employees, customers or contractors, as the case may be.

  • b) CONSENT AND AGREEMENT TO BE BOUND

    • i. CONSENT PROVIDED BY CONTINUING USE. By accessing and/or using the website at www.SmartRezBooking.com (the “Product”) via the internet or mobile device, including accessing and/or using the Product via the Product’s mobile application, You agree to all the terms and conditions of this Privacy Policy and the License Agreement, which are incorporated here by reference. If You do not agree to all the terms and conditions of this Privacy Policy and the License Agreement, please do not use the Product.
    • ii. YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH THE WEBSITE OR A DISTRIBUTOR. There are certain types of device data that the Product cannot access without Your consent. The various application marketplace platforms that the Company serves the Product through will notify You the first time the Product requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the License Agreement. If applicable, You further agree to abide by all the terms in any third-party distribution platform, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the License Agreement.
    • iii. CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as described in the amendment provision set out in the License Agreement, and in accordance with the amendment requirements set out therein, the Company will provide written notice to inform You of any material change and will obtain consent from You for any new purposes not previously identified.
    • iv. PROVIDING CHANGES TO YOUR CONSENT. Changes can be submitted by updating Your data in accordance with the user data update and verification provisions set out in the section 3 of this Privacy Policy entitled “Data Management”.

  • c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US

    • i. SPECIFIC CONSENT TO COLLECTION OF INFORMATION. By using the Product, You consent to the collection, use and disclosure of Your Personal Information by the Company in the manner described in this Privacy Policy. You may always opt not to disclose certain Personal Information, but which may restrict access to certain features of the Product. For example, Your name and email address are necessary to complete the registration process. At any time after registration, if You are an Enterprise User, You may opt out of most email communication from the Company by clicking on the opt-out link at the bottom of the Company's emails, or by contacting the Company at the contact details listed on the Website. However, the Company may still contact You for administrative purposes. Withdrawing consent will not apply to actions the Company has already taken based on Your prior consent.
    • ii. CONSENT TO PROCESS THIRD PARTY DATA YOU SEND TO US IS YOUR RESPONSIBILITY. Any data sent to the Company for processing by You is considered to be third party data (“Third Party Data”). For all Third Party Data, consent required upon collection of third party data shall be obtained by You (“Third Party Data Consent”).
    • iii. CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to receive emails from the Product for administrative or technical issues and You may occasionally receive the Company newsletters.
    • iv. COMMUNICATIONS IN THE EVENT OF BREACH: In the unlikely event that the Company believes that the security of Your Personal Information in the Company's possession or control may have been compromised and creates a real risk of significant harm to You, or if the Company believes that a notification is appropriate, the Company may seek to notify You of that development, pursuant to both the Company's desire to keep You informed and the Company's legal requirement to do so. If a notification is appropriate, the Company may notify You by the email address registered to Your account. Additional details on a Data Breach can be found in section 3 of this Privacy Policy entitled “Data Management”.
    • v. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: The Company will never send email messages to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent Website.

  • d) AMENDMENTS TO THIS PRIVACY POLICY AND VALIDATION TO CONFIRM COMPLIANCE WITH LAW.

    The Company may amend or change this Privacy Policy at its sole discretion at any time, and in accordance with the amendment provisions set out in the License Agreement. The use of the information the Company collects at any given point is subject to the Privacy Policy in effect at the time of collection. If the Company makes any material changes the Company will notify You by email or by means of notice on the Product prior to the change becoming effective. The Company will post the most current Privacy Policy on the Product, and Your use of the Product is subject to the most current Privacy Policy as posted on the Product at any time.

    • i. COMPANY’S PERIODIC REVIEW. The Company will perform a periodic and timely review to ensure that the Company's Privacy Policy is compliant with applicable laws.
    • ii. YOUR PERIODIC REVIEW. The Company encourages You to periodically check the Company’s Privacy Policy for the latest information on the Company's current policy.

  • e) MINORS

    • The Product is not intended for children under 18 years of age, and the Company does not knowingly collect or sell Personal Information from children under 18. If You are under 18, do not use or provide any information on the Product or through any of its features , unless You only access or use the Product under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy. If You are the parent or guardian of a child under 18 years of age whom You believe might have provided us with their Personal Information, You may contact us using the below information to request that it be deleted.

  • f) INTERNATIONAL USERS

    • The Website and Product are controlled and operated by us from the Province of Ontario in Canada and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Canada. Any information you provide to us through use of our Website or Product may be stored and processed, transferred between and accessed from Canada, the United States and other countries that may not guarantee the same level of protection of personal data as the one in which you reside. However, we will handle your Personal Information in accordance with this Privacy Policy regardless of where your Personal Information is stored/accessed.

  • g) DISCLAIMER

    • IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN THE COMPANY'S SOLE DISCRETION. THE COMPANY'S PRIVACY POLICY DOES NOT COVER THE INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO ADVERTISE THE COMPANY'S SERVICES, AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS. SEE COMPLETE LIMITATION OF LIABILITY PROVISION AND DISCLAIMER, AND PROHIBITED USE REQUIREMENTS CONTAINED IN THE PRODUCT LICENSE AGREEMENT.

  • h) MISCELLANEOUS

    • If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy Policy.

  • i) CONTACT INFORMATION

    • If You have questions or concerns regarding the Company's policy or practices, please contact the Company's privacy officer by email at info@smartrezbooking.com.

  • j) EFFECTIVE DATE.

    • This Privacy Policy is effective as of the Effective Data as defined in the License Agreement.

• 2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION

  • a) DISCLOSURE OF COLLECTION

    • Within this section of the Privacy Policy, the Company will provide You with notice that Your information is being collected when You first sign in to the Product. In the section of this Privacy Policy entitled “3. Data Management”, Company will be describing the manner in the section of this Privacy Policy entitled “4. Data Usage”, You will also be notified about the nature for which the data will be used, how Company processes the data, and how Company works with third party service providers who will assist Company to process the data.

  • b) COLLECTION OF PERSONAL INFORMATION

    • When You use the Product, the Company stores certain information about Your device and Your activities that You provide to the Company and that the Company automatically collects, including:
      • i. REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address, signature, Registration Information as defined in the License Agreement and medical information that is relevant to Your ability to rent, operate or be on a boat. We recognize the sensitivity of your personal information and we will protect any information provided by your healthcare providers to us as required by the Health Insurance Portability and Accountability Act (“HIPAA”). You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your name, phone number and email address (“User ID”), which allow You to access the Product. You agree that all Personal Information provided to us will be accurate and up to date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via email atinfo@smartrezbooking.com as soon as possible;
      • ii. TECHNICAL INFORMATION: technical information about Your device such as Your computer’s Internet Protocol address (IP address), the type of device, the pages of the Platform that you visit, OS version, location, the time and date of Your use of the Platform, the time spent on the Platform’s pages, unique device identifiers, other browser information (e.g., size, connection speed, connection version, and connection type), and other diagnostic data;
      • iii. USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which the Company will collect and determine automatically through Cookies (as defined below) and traffic data as described below;
      • iv. USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
      • v. CONTENT SUPPLIED BY YOU: The Company collects content that You upload, post, and/or share to the Company's Product, which may include the Company's Social Media Services (as defined below).

  • c) METHODS OF COLLECTION

    • WWe may collect electronic information from You from the following sources:
      • i. COLLECTION OF INFORMATION AT REGISTRATION.: Registration is required if You want to use the Product. You may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product from the Digital Distributor, using Your electronic device. As part of this registration, the Company will require that You submit certain information that is relevant to the purposes of the Product.
      • ii. COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Company's Product, the Company may receive information from such Social Media Services, in which case the Company may collect and store information identifying Your account with the Social Media Services;
      • iii. COLLECTED THROUGH THE COMPANY’S COMMUNICATIONS WITH YOU: via email or through the Product, through messages or transaction information relating to Your use of the Product, through other End-User-generated content provided to the Company in the normal course of Your use of the Product, including but not limited to communications related to registration, evaluations, internal surveys, feedback information, usage information, correspondence with the Company through technical support tools and/or email, and by Traffic Data (as described within this Privacy Policy);
      • iv. COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: The Company may collect and store information (including Personal Information) locally on Your device using mechanisms such as Product data caches, “Cookies”(cookies, pixel tags or other similar technologies which are small data files that are stored on an End-User's device for record-keeping purposes that track where You travel on the Product and what You look at, on single sessions or cumulated over time. Although Cookies are used by most major Products and are accepted by default by most Products, it may be possible to disable Cookies via Your settings), and through “Traffic Data” which collects the route and destination of users and information on and through the Company's Product, as well as cookies that are stored temporarily on Your device. The Company may use the following Cookies:
        • Session Cookies. The Company may use Session Cookies to operate the Product (“Session Cookies”);
        • Preference Cookies. The Company may use Preference Cookies to collect and store your preferences and various settings (“Preference Cookies”); and
        • Security Cookies. The Company may use Security Cookies for security purposes (“Security Cookies”). and

  • d) PROCESSING OF COLLECTED INFORMATION

    • In section 4 of this Privacy Policy entitled “Data Usage”, You will also be notified about the nature for which the data will be used, how the Company processes the data, and how the Company works with third party service providers who will assist the Company to process the data.

• 3. DATA MANAGEMENT

  • a) VALIDATION AND CHANGES TO THE COMPANY’S END USER-INFORMATION

    • i. CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. In the case that the End-User Personal Information is provided to the Company by one of the Company's clients, the Company will accept that database as verified and accurate. If the Company is collecting the data on behalf of the Company's client, the Company will work with their client to ensure that processes will be put in place to ensure that end users are given the chance to review and correct any data issues.
    • ii. REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal Information You enter into the Company's system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information info@smartrezbooking.com indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Company may make changes to Your Personal Information to meet the technological requirements of Company's networks and media. Unless required to comply by law, the Company may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where the Company can provide information access and correction, and when required by law, the Company will do so for free.
    • iii. REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to your account being terminated or expiring, or as long as permitted by applicable law, whichever is longer (this is the “Personal Information Removal Date”), after Your License Agreement with the Company has been terminated, the End User may request a copy of all of the End-User’s User Data from the Product. After the Personal Information Removal Date, or upon Your specific request to info@smartrezbooking.comto delete the Personal Information, such Personal Information shall be deleted by the Company within a reasonable period, unless:
      • a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in the Company's system-wide business recovery back-ups (if any) until such time as the system-wide business recovery backup is deleted and replaced with data that does not include data collected during Your agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or
      • b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with applicable law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless the Company is required and compelled to do so by law, and in such event, at Your sole expense.
    • iv. CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, the Company may ask You to verify Your identity before the Company can act on Your request.
    • v. TRACKING YOUR PREFERENCES. The Company will capture and manage all Enterprise User privacy preferences. Enterprise User preferences will be tracked in the database and attached to their End-User records. If the preferences are changed, the modifications will be incremental, and added to an audit log. Tracking of Your consent to the collection, storage and use of Your Personal Information will also be recorded for the purposes of an audit log for consent. To ensure that the data is traceable, the source of the data will be logged, as well as a timestamp for the transaction. The Company may also offer this feature to Signatory Users.

  • b) STORAGE AND RETENTION

    • i. STORAGE LOCATION. Your information is stored on computer systems in the United States and in Canada, and should you use the Product from outside the United States or Canada, you consent to the transfer of your Personal Information to our systems in the United States and Canada. Should Your information be stored in a country other than the United States and Canada it is in the Company's best efforts to protect Your data, and storage locations will be selected in countries that have similar privacy laws to the applicable laws. Foreign storage locations, if any, that may process or store Your data, will be listed and updated within Section 5 of this Privacy Policy, entitled“LIST OF THIRD PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS”. Any such transfers will also be subject to audit and tracking requirements set forth in this Privacy Policy.
    • ii. DATA RETENTION:
      • a) OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by the Company for an indefinite period however, this does not constitute a guarantee that the Company will keep the data indefinitely. If a User or Client would like to ensure that data is indefinitely kept, that can be requested, upon written agreement of the parties of a custom services plan. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
      • b) OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as defined above), with such deletion to be initiated by the Company or by the User, in the manner described above in the section entitled “Removal of Personal Information By Us or by You”.
      • c) DATA RECOVERY BY YOU: Other than information that the Company is required to retain and provide to You by law, the Company runs a periodic backup of End User’s User Data and may store the End- User’s User Data as long as the End-User’s account is current and active until expiry of the Data Retention Period.
      • d) DATA RESTORES: The Company will not restore data unless it is available and then only if the Company determines, in its sole discretion, that a data recovery is necessary.
      • e) PERIODIC AUDIT. Company may perform routine audits at its sole discretion or on a schedule as required by applicable law to confirm deletion of the data has occurred in the manner described above in the section entitled “Removal of Personal Information By Company or By You”.

  • c) SECURITY MEASURES:

    The Company takes Your privacy very seriously. If You have a security related concern, please contact the Company at the contact details provided on the Website. The Company will work closely with You to ensure a quick and personal response to Your concerns. In addition, the Company restricts unauthorized access through protective policies, procedures, and technical measures, including:

    • i. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the License Agreement. You acknowledge that the use of a username and password is an adequate form of security. You further acknowledge and agree that internet transmissions are never completely private or secure and that any message or information that you may send to the Website may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. Further, as a condition of your use of the Product, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, or obtain the identity of, or obtain any personal information about any Company user or End-User; (iii) probe, scan or test the vulnerability of this Website or the Product or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, End-User, host, or network or otherwise attempt to disrupt our business, including without limitation, via means of submitting a virus to the Product, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or, (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
    • ii. SAFEGUARDS PROVIDED BY US: The Company will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to the disclaimer provided in the License Agreement, You understand that in order for the Company to operate the Product, End-User Data may be transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that no such data transmission can be guaranteed to be completely secure, and that, beyond the Company's requirements to provide a warranty on information security as required by law, the Company cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.
    • iii. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if the Company believes that the breach creates a real risk of significant harm to the end-users, the End-User and client will be notified in the manner as required by law, and all details regarding the impact to the End-User and client will be shared.

  • d) TRAINING COMPANY'S STAFF IN DATA MANAGEMENT:

    • i. TRAINING OF COMPANY’S STAFF FOR HANDLING PERSONAL INFORMATION: The Company's employees and contractors may be required to adhere to standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect. Furthermore, the Company limits access to Your Personal Information to those employees or contractors who Company reasonably believe need to come into contact with that information in order to do their jobs and Personal Information will only be reviewed if anonymized or otherwise accessed on a “need-to-know” basis.
    • ii. EMPLOYEE COMPLIANCE. All employees must read, and attest to having read this Privacy Policy. Furthermore, as this Privacy Policy is evergreen, any time material changes are made to the document, employees will need to attest to having read and understand the changes to the document. From time to time, training shall be provided to employees on this Policy Privacy and privacy issues required to be compliant with the applicable law.

• 4. DATA USAGE SCHEDULE TO THE PRODUCT LICENSE AGREEMENT

  • a) USE AND DISCLOSURE OF PERSONAL INFORMATION. The Company will not use or disclose Personal Information other than for the purposes identified below (individually and collectively, the “Purpose”):
    • i. TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To provide customer service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
    • ii. TO IMPROVE THE COMPANY’S PRODUCT: To fulfill Your requests or the Company's product roadmap for certain features of the Product, to customize, measure, and improve the Product including by analyzing trends, tracking user movements on the Product, gathering demographic statistics about the Company's user base as a whole, and to assist the Company to measure the Company’s performance and effectiveness of the Company’s content, and to share the Company's performance information with others;
    • iii. TO IMPROVE THE COMPANY’S CONTENT: The Company may post Your social media content, testimonials, and other information provided by you;
    • iv. TO FULFIL THE COMPANY’S BUSINESS GOALS: to directly or indirectly offer or provide You with products and services that are based on the Company's analysis of Your needs as determined by the Company's analytics and the analytics of the Company's third-party processors, unless You opt out. The Company will disclose the Signatory User’s Personal Information to the Enterprise Users for the purpose of supplying the signed waiver, this only extends to Personal Information on the signed waiver. The Company will disclose the Enterprise User’s Personal Information to the Signatory Users for the purpose of supplying the signed waiver, this only extends to Personal Information on the signed waiver;
    • v. TO ENABLE THE COMPANY’S COLLABORATORS TO FULFILL THE COMPANY’S BUSINESS GOALS: Where a third party to this Privacy Policy directly or indirectly provides the Company with the ability to provide the Product to You, the Company may supply Personal Information to such Third Party in exchange for fulfilling Company's Purpose and providing corresponding value to the third party, and such third parties are listed in Section 5 of this Privacy Policy entitled “List of Third Party Processors And End-User Data Storage Providers”;
    • vi. IN THE EVENT OF AN ACQUISITION OF THE COMPANY. In the event that the Company, or all or a portion of Company's business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, Your Personal Information shall be one of the transferred assets. To the extent that the Company is required to do so by law, You will be notified of any changes in ownership or uses of Your Personal Information.
    • vii. TO ENABLE THE COMPANY’S PARENT COMPANY OR AFFILIATED COMPANY’S BUSINESS TO FULFIL THEIR BUSINESS GOALS: The Company may share information from or about You with subsidiaries, joint ventures, or other companies under common control, in which case the Company will require them to honor this Privacy Policy.
    • viii. TO ENFORCE THE COMPANY’S LICENSE AGREEMENT AND TO COMPLY WITH THE LAW: (1) to enforce the Company's rights against You or in connection with a breach by You of this Privacy Policy or the License Agreement; (2) to investigate or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, Company's users, or others; (3) to prevent prohibited or illegal activities; (4) to prevent situations involving potential threats to the physical safety of any person; or (5) when required by any applicable law, rule, regulation, subpoena, or other legal process.
    • ix. TO PROCESS PAYMENTS: To use certain services on the Product, the Company may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers.
    • x. To use certain services on the Product, the Company may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers.
  • b) USE OF COOKIES AND USAGE DATA: Company may use session Cookies and usage data to fulfil the Purpose, by tracking information about You as related to Your usage of the Product and correlating to other personally identifiable information collected while on the Product or connected to Company's third party processors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party Providers And End-User Data Storage Providers”). The Company may also use Cookies that are created by the Product to secure Your login session and to help ensure the security of Your account.
  • c) USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND TO ACHIEVE THE COMPANY’S BUSINESS GOALS: To fulfil the Purpose, the Company may share Personal Information with Company's affiliates, acquirers or third-party collaborator or vendors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party Providers And End-User Data Storage Providers”), subject to the following conditions:
    • i. USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: Company's service providers are restricted from using Your Personal Information in any way other than for the service they are providing or as it relates to the Company's Purpose fulfilled by such transfer; this includes the use of Cookies by the Company's third parties so long as the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.
    • ii. THIRD PARTIES MUST ADHERE TO THE COMPANY’S STANDARDS: The Company ensures that such third parties maintain reasonable and appropriate safeguards that do not breach Company's safeguards of security requirements set out In Section 3 of this Privacy Policy entitled “Data Management”, or as otherwise required by law. If the use of Cookies by any third party differs materially from the practices already listed, the Company will revise this document accordingly and notify existing users of the change(s).
    • iii. INTERNATIONAL DATA TRANSFERS: You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well.
    • iv. COMPLIANCE WITH LEGISLATION: In Canada, the Company is a service provider and may act as a service provider, information manager or electronic service provider under applicable privacy legislation, includingOntario’s Personal Health Information Protection Act (PHIPA) regulations. The Company may use and disclose personal information if it is required to do so by law, when it is permitted to do so consistent with HIPAA, or if the Company has a good faith belief that such action is necessary to conform to applicable laws or comply with any legal, regulatory or similar requirement or investigation, to protect or defend the rights or property of the Company or another user or to enforce the Company’s License Agreement. The Company is dedicated to safeguarding the Personal Information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the GDPR. Our preparation and objectives for GDPR compliance have been summarized in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
  • d) RIGHTS TO CONTENT PROVIDED BY THE END-USER
    • i. FOR INFORMATION YOU PROVIDE. By posting content on the Product (the“User Data”), the End-User and client jointly hereby grant to the Company a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub- licensable right to use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through multiple channels, and bundled with other applications or materials) such content, and further, the agrees to waive any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The client and/or End-User agrees that the client and/or End-User will individually and jointly defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third party intellectual property related to such End-User Data.
    • ii. FOR INFORMATION WE AUTOMATICALLY COLLECT. The Company creates benefits to all of its clients and End-Users by analyzing the Company Data for the purposes of Product improvements. The client and/or End-User agrees that the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Company products and related systems and technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance the Company products generally, (ii) for other development, diagnostic and corrective purposes in connection with the Products and Services, and (iii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected client and/or End-User or its business.
  • e) SPECIAL NOTE FOR CALIFORNIA RESIDENTS:In addition to the Privacy Policy above, California residents may be entitled to the following privacy rights under California law:
    • i. The right to know about personal information collected, disclosed or sold.You have the right to request that we disclose what personal information we collect, use, disclose and sell. Please note that we describe these practices above in our Privacy Policy.
    • ii. The right to request deletion of personal information. You, or your authorized agent, have the right to request that we delete the Personal Information that we have collected about you. Subject to HIPAA, other laws, and our legal obligations (including contractual obligations) we may deny your request. There may be exceptions under California law that may allow the Company to maintain and use your personal information notwithstanding your request for deletion. We will inform you of our reasons for denying your request.
    • iii. The right to opt-out of the sale of personal information. Under California law, you have the right to opt-out of the sale of personal information; however, the Company does not sell your personal information.
    • iv. The right to non-discrimination for the exercise of a consumer’s privacy rights. You have the right to not receive discriminatory treatment by the Company for the exercise of your privacy rights conferred by California law. Please note that if you exercise certain rights, you may not be able to use or access all of the Company’s Services.
    • v. Submission of requests. You may submit requests by contactinginfo@smartrezbooking.com. We may request identity verification before processing your requests (e.g. ensuring that your information matches the identifying information that we have within our system) and we will not process your request without sufficient information to reasonably verify your identity, or the identity of your authorized agent and their authority to submit this request.
    • vi. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed your personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

• 5. LIST OF THIRD PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS

  • a. AWS; and
  • b. Google Drive.
  • c. SmartRez