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Terms and Conditions
By accessing this Web site or downloading its content, you agree to be bound by the terms and conditions set out in this legal notice. If you do not agree to these terms and conditions, do not access this Web site nor download its content.
You are hereby advised that use of this Web site or any of its content in contravention of the following or otherwise contrary to law may result in civil or criminal prosecution or penalty. Perk Labs Inc. (the “Company”), its related companies and its content suppliers reserve the right to take any action necessary to protect and enforce their rights.
Caution about forward-looking statements
Certain statements made on this Web site are forward-looking statements and are subject to important risks, uncertainties and assumptions which give rise to the possibility that actual results or events could differ materially from our expectations expressed in or implied by such forward-looking statements. These statements are not guarantees of future performance or events, and we caution you against relying on any of these forward-looking statements. The forward-looking statements on this Web site are made as of a specific date and, accordingly, are subject to change after such date. Except as may be required by applicable securities laws, we do not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. For additional information with respect to these risks, uncertainties and assumptions, refer to the Company’s Annual MD&A, as well as the Company’s quarterly earnings press releases, all filed by the Company with the Canadian provincial securities regulatory authorities (available at www.sedar.com).
Non-GAAP financial measures
The terms “adjusted EBITDA”, “adjusted EBITDA margin”, “adjusted net earnings”, “adjusted EPS”, “free cash flow”, “dividend payout ratio”, “net debt”, “net debt leverage ratio” and “adjusted EBITDA to net interest expense ratio” are non-GAAP financial measures and do not have any standardized meaning under International Financial Reporting Standards. Therefore, they are unlikely to be comparable to similar measures presented by other issuers. For more details, refer to the section entitled “Non-GAAP financial measures and key performance indicators (KPIs)” in the Company’s latest management’s discussion and analysis (MD&A), filed by the Company with the Canadian provincial securities regulatory authorities (available at www.sedar.com).
All of the content contained in this Web site is protected by copyright, which is owned or licensed by the Company, its related companies, or third party content suppliers. Users of this Web site may only use or reproduce such content for their own personal, non-commercial or educational use, and shall not otherwise use, modify, post, upload, redistribute, retransmit, reproduce, perform or publish such content without the prior written consent of the copyright holder. Users of this Web site must abide by all copyright notices, use restrictions and terms and conditions applicable to the content they are using, and include such notices, restrictions and terms and conditions in any copies of such content.
Perk Labs, Perk Hero, Glance Pay and the Perk Labs, Perk Hero, Glance Pay logos are trade-marks of the Company or its related companies. Other product or service names referenced in this web site are trade-marks of the Company or its related companies, or trade-marks of their respective owners.
Hotlinks and downloadable software
Hotlinks available on this Web site will allow you to link to Web sites not maintained or controlled by the Company, including Web sites of the Company’s related companies. The Company provides these links for your convenience only, and is not responsible for the content of any linked Web site and makes no representation or endorsement whatsoever about any other Web site which you may access through this Web site. It is your responsibility to ensure that any Web site you choose to use is free of potentially destructive items such as viruses. Hotlinks to downloadable software Web sites are also provided for your convenience only and the Company is not responsible or liable for any difficulties associated with downloading such software.
The Company uses reasonable commercial efforts to ensure that the information contained on this Web site is accurate but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information. All information contained on this Web site, including all stock price information, is provided for informational purposes only, and is not intended for trading or other purposes. Please note that stock price information is at least 15-minutes delayed and that all times indicated are Eastern Time. THE COMPANY AND ITS CONTENT PROVIDERS ASSUME NO RESPONSIBILITY WITH RESPECT TO THE SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION AND ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DELAYS, INACCURACIES, OR ERRORS IN ANY SUCH INFORMATION OR IN THE TRANSMISSION OF ANY SUCH INFORMATION. IN NO EVENT WILL THE COMPANY OR ITS CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEB SITE, OR ANY OTHER WEB SITE YOU MAY ACCESS THROUGH THIS WEB SITE. The information contained on this Web site is not to be relied upon for any trading, business or financial purpose.
As a user of this Web site, you agree to defend, indemnify and hold the Company and its related companies harmless from any and all liabilities, costs and expenses, including attorneys’ fees, related to your violation of the terms and conditions of this legal notice.
This Web site originates in Canada. It shall be governed by and construed in accordance with the laws of the province of British Columbia. All disputes, proceedings or claims arising out of or in connection with this Web site shall be submitted and be subject to the exclusive jurisdiction of the Courts of the province of British Columbia.
Products and services described in this Web site are offered in the Company’s and its related companies’ operating territory. Some products and services referred to in this Web site may not be available in all parts of such territory.
The information contained on this Web site is subject to change and update at any time without prior notice.
The terms and conditions of this legal notice constitute the entire agreement between the Company and the users of this Web site with respect to their use of this Web site. The Company’s failure to insist upon or enforce strict performance of any provision of that agreement shall not be construed as a waiver of any right on its part. If any part of this legal notice is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
Last Updated: June 2023
Together, the Website, the Services, and the Software, and all mobile apps and web applications (the “Apps”) that are using our platform, constitute the “Getit Platform” (or the “Platform”).
Collection of Personal Information
Information You Provide Us. We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address and mobile number (“Personal Information”). We may collect this information through various forms and in various places through the Services, including account registration forms, contact us forms or when you otherwise interact with us. When you sign up to use the Services, you create a user profile, including contact information.
When you make a purchase using the Services, any credit card information you provide as part of your payment information is collected and processed directly by our payment processors Stripe and Square. We at no time receive or store your full credit card information.
Both Stripe and Square commit to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Our use of Stripe and Square may facilitate the transmission of collection of phone number and installed application information.
Information We Collect As You Access and Use our Services
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information.
We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we may collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
In addition, if you download the Apps to your mobile Device, we may collect information from your mobile Device about your location while you are accessing or using the Apps and while you are not accessing or using the Apps. We may collect this information for various purposes, and notify you of nearby locations where you may use our Services. You may opt out of the collection of location data at any time by changing the settings on your mobile Device; however, if you do so, certain features of the Apps may be limited or may cease to be available to you.
Information Collected by Cookies
When you use our Services, we may place cookies or similar technologies on your Device to enable us to recognize your Device when you are using our Services. Cookies are data files placed on a Device when it is used to access the Services. They may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages, which allows us to improve our Services, offer targeted products and services to you, and collect and analyze information about your access and use of our Services.
Information Collected from Third Parties. From time to time, in addition to the information collected through your interactions with our Services, we may collect information from third parties in order to enhance our ability to serve you and to tailor our content and offers to you. Such third parties may include devices using wifi, near-field communication, or Bluetooth low-energy beacon technology to transmit signals about the location of your Device to us.
Use of Information
We will only use or disclose user personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
· to conduct user surveys in order to enhance the provision of our services;
· to contact our users directly about products and services that may be of interest;
· to analyze, improve and customize our Services;
· to detect, prevent or investigate security breaches or fraud and to protect our business;
· to provide customer and technical support for our Services;
· to send you receipts, announcements, newsletters, promotional materials and other information about our Services and third-party offers that we think may be of interest to you;
· to contact you about any issues related to our Services or your use of the Services; or
· to collect fees and other amounts owed in connection with our Services.
We will not use or disclose user personal information for any additional purpose, except as follows:
· if you request or authorize it;
· to complete a transaction or provide a service requested by you;
· to our third-party service providers that provide services on our behalf;
· to comply with applicable laws, rules and regulations and governmental or quasi-governmental requests, court orders and subpoenas;
· to protect our rights, property and safety or the rights, property and safety of our users and others;
· if the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g. in the event that substantially all of our assets are acquired by another party, your Personal Information may be one of the assets transferred) or in the event of bankruptcy;
· to merchants, third-party payment processors, and other third-party service providers
· to process orders and payment transactions authorized by you through the Apps
We will not sell user lists or personal information to other parties unless we have your consent to do so.
Decision to Receive Communication
You may opt-out of receiving any “push” notifications or Short Message/Messaging Service (SMS) messages from us through the Platform, and you may opt not to receive promotional emails from us. Please note, however, that we may still send you non-promotional communications about your relationship with us.
Information You Share Socially. Our Services may allow you to connect and share your information publicly or with friends. We are not responsible for maintaining the confidentiality of any information you share publicly or with friends. In addition, our Services may allow you to connect with us on, share on, and use third-party websites, applications and services. Please be mindful of your personal privacy needs and the privacy needs of others as you choose to connect and share information with friends and others. We cannot control the privacy or security of information you choose to make public or share with others. We also do not control the privacy practices of third parties. Please contact these websites and services directly if you want to learn about their privacy practices.
Securing Personal Information
We are committed to ensuring the security of user Personal Information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
The following security measures will be followed to ensure that your Personal Information is appropriately protected: the use of user IDs, passwords, encryption, firewalls; restricting employee access to personal information as appropriate (i.e., only those that need to know will have access); employing the same security requirements as we use for the App(s) and website(s); and contractually requiring any third-party service providers to provide comparable security measures.
We will use appropriate security measures when destroying your Personal Information such as deleting electronically stored information in accordance with applicable rules and regulations.
We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security. It is important to note that no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of your Personal Information. You also play a role in protecting your Personal Information. Please safeguard your username and password for your Getit account and do not share them with others. If we receive instructions using your account log-in information, we will assume that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your user account or any other breach of security related to our Services. We reserve the right, in our sole discretion, to refuse to provide our Services, terminate user accounts, and to remove or edit content.
Access to Your Personal Information
You are responsible for maintaining the accuracy of your Personal Information. If your Personal Information changes, or if you no longer desire to use our Services, you may correct, delete inaccuracies, or amend information at any time by updating your user account profile via the Platform.
Deleting your Personal Information
Deleting your account will remove your personal data from the Platform. To exercise your right to have your personal data deleted from the Platform, you can call toll-free at 1-855-288-6044 or submit a request at firstname.lastname@example.org to request access or deletion.
Account deletion can also be initiated directly within the app by navigating to the “Profile” section and selecting “My Account.” Subsequently, you can proceed to submit an account deletion request by choosing the “Delete Account” option located at the bottom of the screen. This action triggers a formal request to our team, and your account will be permanently deleted after a mandatory 30-day retention period. If, however, you wish to rescind your deletion request or address any concerns, please don’t hesitate to contact us at email@example.com.
Privacy and Children
Our Services are not directed, or intended to be used by, minors under the age of 18. We do not knowingly collect Personal Information from children under the age of 18. If you are under the age of 18, do not use our Services or submit any information to us. If you are a parent or guardian of a child under the age of 18 and believe he or she disclosed Personal Information to us, please contact us at firstname.lastname@example.org.
Questions and Complaints
The Privacy Officer is responsible for ensuring the Company’s compliance with this policy and the Personal Information Protection Act.
Users should direct any complaints, concerns or questions regarding the Company’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the user may also write to the Information and Privacy Commissioner of Ontario.
Contact Information for the Company’s Paralegal