Terms and Conditions & Privacy Policy

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).   

Copyright

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.

Trade-marks

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.

Information accuracy

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.

Indemnity

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.

Jurisdiction

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.

Changes

The information contained on this Web site is subject to change and update at any time without prior notice.

Miscellaneous

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.

Privacy Policy

Privacy Policy

Last Updated: January 20, 2020

This Privacy Policy sets out the manner in which Perk Labs Inc. (the “Company”, “we”, “us”) collects, uses, discloses, protects and otherwise handles the personal information of our users when they interact with our Company.

The Privacy Policy covers both our “online” (e.g., including any web sites operated by us such as www.perklabs.io, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated provided or made available by the Company.  Our “online” and “offline” activities are collectively referenced as the “Services”. This Privacy Policy also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact with the Services and post or incorporate this Privacy Policy.

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.  

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.

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 and collect and analyze information about your access and use of our Services.

We may permit certain third parties to place cookies through our Services to provide us with better insight about the use of our Services and user demographics and to provide relevant promotions to you.  We cannot control the use of cookies (or the resulting information) by third-parties, and use of third party cookies is not covered by our Privacy Policy.

By accessing or using our Services, you consent to the placement of cookies on your Device(s) as described in this Privacy Policy.  If you prefer not to receive cookies, you may set your browser to deny or accept the use of cookies, and cookies can be disabled or controlled by setting a preference within your web browser or on your Device. 

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.  

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 surveys in order to enhance the provision of our services;
•         to analyze, improve and customize our Services;
•         to send you, announcements, newsletters, promotional materials and other information about our Company that we think may be of interest to you;

We will not use or disclose user personal information for any additional purpose, except as follows:

•         if you request or authorize it;
•         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;

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 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 our 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.  

Access to your Personal Information

Subject to applicable laws, which might, from time to time, oblige us to store your Personal Information for a certain period of time, we will respect your wishes to correct inaccurate information.  Otherwise, we will retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by applicable law.

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 info@perklabs.io.

Changes to this Privacy Policy

From time to time, we may update this Privacy Policy to reflect changes to our information practices.  Any changes will be effective immediately upon posting of the revised Privacy Policy. If we make material changes, we will notify you by email. We encourage you to periodically review this page for the latest information on our privacy practices.

Questions and Complaints:

The Role of the Privacy Officer or designated individual

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 British Columbia.

Contact information for the Company’s Privacy Officer:

Tracey St. Denis

Tracey@perklabs.io

555 Burrard Street

Two Bentall Centre, Suite 1755

Vancouver, BC