PRIVACY POLICY

Last updated as of Jun 28, 2023

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Acceptance

• By directly or indirectly accessing or making use of the services offered or made available by Rambody.(the “Vendor”), including without limitation the Rambody software as a service platform and any website, application or widget associated therewith (the “Services”), and/or by clicking the acceptance button, you signify, represent and warrant that you are older than 16 years of age and that you have, and at all times shall have, the necessary power, capacity and authority to enter into, abide by, comply with and perform your obligations under this privacy policy (this “Privacy Policy”).

• The Vendor is committed to protecting the personal information of identifiable individuals and legal entities disclosed or provided to the Vendor on or through the Services (the “Personal Information”), and this Privacy Policy outlines how the Vendor collects, uses and discloses such Personal Information.

• The Vendor reserves the right to, at its sole discretion, amend this Privacy Policy at any time and without notice, the most current version of which shall always be available at https://Rambody.ca/privacy. You acknowledge and agree that your continued use of the Services, following any amendment of this Privacy Policy, shall signify your assent to, and acceptance of, such amended terms and conditions.

• If you do not agree to any term or condition of this Privacy Policy, or any subsequently amended term or condition thereof, you cannot use the Services.

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Collection and Use of Personal Information

• By using the Services, you expressly consent to the collection and use of your Personal Information as described in this Privacy Policy. The Vendor may, in certain circumstances, request your consent when collecting or using your Personal Information.

• When you register as a user of the Services, you will be required to create a unique username and password (collectively, the "ID") to establish an Account. Certain information, including your name, address, telephone number, email address, billing information, financial information, and additional details, may be required by the Vendor to provide the Services or may be voluntarily disclosed by you.

• The Vendor collects and uses your Personal Information for the following purposes:

1. Creating and activating your Account.

2. Responding to customer service inquiries.

3. Providing the Services to you and other users.

4. Improving the quality of the Services through feedback and surveys.

5. Assessing service levels, monitoring traffic patterns, and analyzing feature popularity.

6. Managing your account, verifying access rights, and facilitating payments.

7. Communicating with you, including notifications, marketing materials, and account information.

8. Installing necessary software on your devices for Service functionality.

9. Protecting against fraud, responding to claims, and ensuring the safety of users.

10. Enforcing this Privacy Policy and other agreements.

11. Complying with applicable laws and authorized requests.

12. Accomplishing other purposes specified in this Privacy Policy or disclosed to you.

13. You have the right to withdraw your consent to receive certain communications. The Vendor provides an "opt-out" function within email communications, and you can inform the Vendor if you wish to cease receiving such communications. However, some communications related to the Services, your Account, billing, or legal obligations may be necessary and cannot be opted out of (although the Vendor will minimize these communications).

 

Disclosure of Personal Information

• The Vendor will only disclose your Personal Information as set out in this Privacy Policy in accordance with your instructions, for the purposes set out in Section 2, and in any event, in accordance with applicable law. Without limiting the generality of the foregoing, you understand and agree that the purposes set out in Section 2 include the disclosure of your Personal Information to the Vendor’s partner organizations in connection with your use of the functionality of the Services. For example, if you utilize the meal planning functionality of the Services, your Personal Information may be shared with the Vendor’s partner organization that provides such meal planning service functionality.   You expressly acknowledge and agree that your Personal Information disclosed by the Vendor to others hereunder may be subject to the terms of another privacy policy other than this Privacy Policy and that the Vendor assumes no responsibility for the privacy policies or practices of any third-party.

• Your Personal Information may be stored and processed in any country where we have facilities or in which we engage third-party service providers. By using the Services, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of Canada, it is subject to the laws of the country in which it is held and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your Personal Information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the General Data Protection Regulation (“GDPR”)requirements providing adequate protection for the transfer of Personal Information from the EU/EEA to the third country.

• You expressly acknowledge, agree, and consent to the disclosure of your Personal Information as specified in this Privacy Policy. When we disclose your Personal Information to third parties, we take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with and these third parties provide sufficient guarantees to implement appropriate technical and organizational measures.

• Without limiting the foregoing, you expressly acknowledge and agree that, for the purposes of billing your Account and facilitating payments between you and other users of the Services as contemplated by the features and functionality of the Services, in each case if applicable, the Vendor may disclose your Personal Information with its Payment Processing Services Provider (as defined in terms of Service), banks or other third parties in order to process payments.

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Retention of your Personal Information

• Your Personal Information will be retained for as long as may be necessary or relevant for the identified purpose of collection or as may be required or permitted by law, after which time the Vendor will no longer retain such information in a form capable of identifying an individual or legal entity.

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Children’s Privacy

• The Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has provided Personal Information, then you may alert us as set forth in the “Contact The Vendor” section and request that we delete that child’s Personal Information from our systems.

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Rights to Your Information

• On written request and subject to proof of identity, you may access the Personal Information that we hold, used or communicated and ask that any necessary corrections be made, where applicable, as authorized or required by law. However, to make sure that the Personal Information we maintain about you is accurate and up to date, please inform us immediately of any change in your Personal Information by mail or e-mail.

• Under the GDPR, you may be entitled to additional rights, including (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your Personal Information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to the erasure of Personal Information about you, under certain conditions; (v) the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your Personal Information is inaccurate; (vi) the right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection at http://ec.europa.eu/justice/data-protection/index_en.htm.

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Location Information

• You expressly acknowledge, agree and consent to the Vendor collecting Personal Information concerning your location, from your IP address and other sources, for the purpose of matching the Vendor’s products and services to areas of demand and for other business purposes of the Vendor.

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Aggregated Data

• You expressly acknowledge, agree and consent to the Vendor collecting, combining, manipulating and using your Personal Information to create generalized, anonymous information, stripped of data capable of identifying an individual or legal entity (the “Aggregated Data”), and using, disclosing and commercializing such Aggregated Data as the Vendor deems fit. Your identity and Personal Information will be kept anonymous in the Aggregated Data.

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Software Installation, Cookies, and Log Files

• You expressly acknowledge, agree and consent to the Vendor installing software and cookies relating to the Services on one or more of your electronic devices and using tracking tools, pixel tags, cookies, and log files for purposes the Vendor deems fit, including, without limitation, to track which page variants you have seen, to track if you have clicked on a page variant, to monitor traffic patterns, to gauge the popularity of service options and to gather information used to deliver relevant content and services to you.

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Change of Ownership or Business Transition

• You expressly acknowledge and agree that in the event of a change of ownership or other business transition, such as a merger, acquisition or sale of the Vendor’s assets, your Personal Information may be transferred in accordance with applicable privacy laws.

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Withdrawing Consent

• You have the right to withdraw your consent relating to the collection, use, or disclosure of your Personal Information at any time, except where such withdrawal would frustrate the performance of a legal obligation.

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Security

• The Vendor will strive to prevent unauthorized access to your Personal Information and will periodically enhance its security aimed at ensuring that your Personal Information is kept safe from unauthorized access, use, and disclosure.

• While the Vendor has technology and procedures to guard your Personal Information against unauthorized access, use or disclosure, you expressly acknowledge and agree there is no guarantee that such technology or procedures can or will eliminate the risks of unauthorized access, use, disclosure, theft, loss or misuse.

• The Vendor strongly recommends that you do not disclose your ID to anyone. If you forget your password, the Vendor will ask you for the username associated with your ID and will send an email containing your password to the email address associated with your ID.

• Notwithstanding anything contained in this Privacy Policy, you expressly acknowledge and agree that ultimately, you control what Personal Information you provide while using the Services and that you are responsible for maintaining the secrecy of your Personal Information and ID.

• You expressly acknowledge and agree that the Vendor is not responsible for, and does not control, the use by others of any information which you provide to them and that you should use caution in selecting the Personal Information you provide to others through the Services.

• If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable laws.

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Governance

• This Privacy Policy will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, excluding any conflict of rules that would apply to another body of law. You hereby agree to submit to the exclusive jurisdiction of the courts in Calgary, Alberta with respect to any claim, proceeding or action relating to or otherwise arising out of this Privacy Policy or your access to or use of the Services, howsoever arising, provided always that the Vendor may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

• This Privacy Policy, together with any other agreement entered into between yourself and the Vendor which specifically references this Privacy Policy, constitutes and contains the entire agreement between you and the Vendor with respect to its subject matter and supersedes any prior oral or written agreements.

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Contact The Vendor

• If you have any questions or comments about this Privacy Policy or your Personal Information, to make an access or correction request, to exercise any applicable rights, to make a complaint, or to obtain information about our policies and practices with respect to any service providers outside Canada, our Privacy Officer (or Data Protection Officer) can be reached by email using the following contact info.

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