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Last Modified: May 15, 2020

Better1 Inc. is a corporation formed pursuant to the Business Corporations Act  R.S.O. 1990, Chapter B.16 in Canada. Further to our terms and conditions of use (https://better1.com/terms) (the “Terms”), this Privacy Policy sets out how we collect, store and use personal information and cookies.  Unless otherwise indicated, capitalized and defined terms in this Privacy Policy have the same meaning attributed to them in our Terms.

By agreeing to our Terms or by using our Website, you consent to the collection and use of personal information in accordance with this Privacy Policy, which we 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 us at info@better1.com

PART I: COLLECTION OF PERSONAL INFORMATION

The Personal Information of Other Individuals

To the extent you provide us with the personal information of another individual (such as names and shipping addresses), 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.

Your Personal Information

To establish an account with us or in connection with your use our Website, we may collect the following personal information:

  • Full name;
  • Shipping address;
  • Billing Address;
  • Email address;
  • Phone number;
  • Banking and/or credit card information (which is collected via our third party payment processor, Moneris Solutions Corporation and their subsidiaries and affiliates);
  • Order and transaction history;
  • IP address and location data, including geo-location data;
  • Website statistics and analytics data regarding your use of the Website;
  • Other types of raw data relating to how you interact with the Website, for example, your browser information and session duration;
  • Profile photos and profile information (such as age, gender, product preferences etc.) where you elect to provide them; and
  • All other information you elect to provide on our Website or otherwise, including, for example, comments, feedback, reviews and other information you upload or communicate to us.

Payment Processing

For orders placed on the Website, we collect credit card and payment information from you via a third-party payment processor.  As of the last date this Privacy Policy was updated, we use Moneris Solutions Corporation and their subsidiaries and affiliates (“Moneris”), and/or Stripe Inc. and their subsidiaries and or affiliates (“Stripe”). Moneris and Stripe have their own privacy policies that apply to their collection of your personal information. Their privacy policy is available online at https://www.moneris.com/en/Legal/Terms-of-Use and https://stripe.com/en-ca/ssa, for Moneris and Stripe, respectfully.

Although we may host their forms and data entry fields on our website when you provide your payment details you are providing them to the applicable payment processor.  While we will not have access to your entire credit card number, we will be able to bill your credit or debit 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.

We may also use the Moneris and Stripe address verification services (“AVS”). AVS is used to help prevent credit card fraud by cross referencing the address associated with your order for shipping purposes with the address associated with your credit or debit as provided by the applicable card issuer. To learn more about AVS please visit https://developer.moneris.com/Documentation/NA/E-Commerce%20Solutions/E-Fraud/AVS.

PART II: THE USE OF PERSONAL INFORMATION

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

  • Facilitate the operation of the Website, including the account creation process and sharing or providing access to personal information to Third-Party Providers, see below for details;
  • Process payments and bill or collect money owed to us. This includes referring any account collection matters to a collection agency and inputting your invoices and order information in our accounting systems;
  • Processing return and exchange requests;
  • Verify your contact information and shipping address in reference to the Moneris AVS (referenced above);
  • Provide you with support on the use of our Website, your account and orders you place;
  • Provide to our marketing and communication agencies, and social media specialists that facilitate our marketing efforts and surveys;
  • Analyze your purchasing patterns or behaviour to customize your user experience;
  • To report fraud to payment processors and relevant authorities, if we suspect any fraudulent credit card or other transactions have occurred on our Website;
  • Provide to third party shipping providers and carriers (such as Canada Post, UPS, Purolator and others) to ship products to you;
  • Send informational and promotional materials, including advertisements and surveys, from us, our partners, advertisers or third parties to you. You may unsubscribe from promotional emails at any time;
  • Display adds to you on various platforms, including advertising to you via Facebook and Google;
  • Pursue available legal remedies to us 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 Website; and
  • To enforce compliance with our Terms and applicable laws, rules and regulations.

Aggregate Data

We may also use your personal information to aggregate into data analytics reports, such as reports about the age and demographic make-up of our Website’s users. When doing so, your name is not associated or referenced within such reports. We may use such reports, which comprise the aggregate personal information data of our users, to make decisions as to what products to include on our Website and other business decisions. 

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 Website.   We may use a variety of Third-Party Providers in order to:

  • Host our Website, including for example, hosting servers which store personal information;
  • Host our email accounts;
  • Host online accounting and invoicing software;
  • Fulfill your orders;
  • Collect amounts owing to us;
  • Send or facilitate the sending of marketing communications (such as bulk emails),
  • Conduct or facilitate the offering of research surveys; and
  • Verify the information that you provide to us;
  • Deliver products; and
  • Provide customer support.

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

  • Our email and data hosting providers include Google LLC together with their affiliated entities worldwide. For more information on their privacy practices please see  https://policies.google.com;
  • Our data website and data hosting providers include SiteGround Hosting Ltd. and its affiliates. For more information on their privacy practices please see https://www.siteground.com/;
  • Our Website is built on the open source platform WordPress and implements WooCommerce, for more details visit https://woocommerce.com;
  • Our rewards point software is provided by Your Inspiration S.L.U. For more information on their privacy practices please see https://yithemes.com;
  • Our online accounting and invoicing software is provided by QuickBooks Online offered, by Intuit Inc. and their affiliates. For more information on their privacy practices please see https://quickbooks.intuit.com/eu/privacy-policy; and
  • Our email marketing providers are:
    • The Rocket Science Group LLC, a company headquartered in the State of Georgia in the United States, who operate MailChimp. For more information on their privacy practices please see https://mailchimp.com/legal/privacy/; and

We may also use the following Third-Party Providers for data analytics in connection with your use of our Website:

  • Google LLC together with their affiliated entities worldwide, in order to use Google Analytics and Google Tag Manager. For details, visit https://analytics.google.com/analytics/web/;
  • Lucky Orange, LLC together with their affiliated entities worldwide, in order to use Lucky Orange, software that allows us to track and record how people use and interact with our Website. For details, visit https://www.luckyorange.com/privacy.php;  and
  • Facebook Pixel, offered by Facebook, Inc. and their affiliated and related entities, which provides us with analytics and insights on 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 update the above list of Third-Party Providers from time-to-time as our Website continues 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.

European General Data Protection Regulation

We presently only sell products within Canada. Our technical measures to protect personal information take into account current technology available and the costs of implementing that technology in addition to the nature, scope, context and purposes of the personal information collected and processed. However, our collection processes and data practices, which include the involvement of Third-Party Providers outside the European Union, were not designed to meet the requirements of the General Data Protection Regulation of the European Union. As such, you may only provide us with personal information if you are not a European person. As we are a company registered and operating in Canada, you agree and acknowledge that your personal information will be accessed by us in Canada, although it may be stored with Third-Party Providers in locations both in and outside of Canada.

Sharing Personal Information if Our Business, Website or Service is Acquired

We may share personal information with our successors (if our business or the Website are acquired by another legal entity) or any assignee of our assets relating to the Website. 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 OR AGENTS 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 at info@better1.com 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 Website, 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 Website.

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:

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, may also use cookies on our Website to remember your username and to implement preferences associated with your use of our Website.