Legal Information

1. INTRODUCTION

AnyCard Inc., its affiliates and subsidiaries, ("we," "us," or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy describes how we collect, use, and disclose the personal information of users of our websites and services (collectively, the "Services").

By accessing or using our Services, you agree to the terms of this Privacy Policy. If you do not agree, please do not use our Services.



2. KEY DEFINITIONS
• Personal Information: Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
• Processing: Any operation or set of operations performed on personal information, such as collection, use, storage, disclosure, or transfer.


3. PERSONAL INFORMATION WE COLLECT

We collect different types of personal information, depending on how you interact with our Services. The information we collect may fall into the following categories:

A. Information You Provide to Us

When you use our Services, you may provide us with the following categories of personal information:

• Identifiers: Such as your name, email address, physical address, phone number, and account username and password.
• Commercial Information: Such as records of products or services purchased, obtained, or considered.
• Financial Information: Such as payment card details for payment processing. This information is processed by our third-party payment processors, Stripe and Checkout, and we do not store this data.
• Other Information: Such as feedback, support requests, and other communications you provide to us.



B. Information We Collect Automatically

When you use our Services, we may automatically collect certain information about your device and your use of our Services through cookies, web beacons, and other tracking technologies. This includes:

• Internet or Other Electronic Network Activity Information: Such as your IP address, browser type, operating system, a record of the web pages you visit, and the time and date of your visit.
• Geolocation Data: General information about your location based on your IP address.


4. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following business and commercial purposes:

• To Provide and Improve Our Services: To operate, maintain, and provide the features of our Services, including processing transactions and managing your account.
• For Communication: To send you service-related notifications, updates, and to respond to your inquiries and support requests.
• For Marketing and Advertising: To send you marketing communications about our products and services. We will obtain your consent for marketing where required by law.
• For Security and Fraud Prevention: To protect our Services and our users, to detect and prevent fraud, and to enforce our terms and conditions.
• To Comply with Legal Obligations: To meet our legal and regulatory requirements, including responding to legal processes such as subpoenas or court orders.
• For Research and Analytics: To analyze how our Services are used, to understand user preferences, and to improve our offerings.


5. HOW WE SHARE YOUR PERSONAL INFORMATION

We may disclose your personal information to the following categories of third parties:

• Service Providers: We share information with third-party vendors and service providers who perform services on our behalf, such as payment processing, data hosting, and analytics.
• Business Transfers: We may disclose or transfer your personal information in connection with a merger, acquisition, asset sale, or other business transaction, as permitted by law.
• For Legal and Security Purposes: We may disclose information if required by law or in the good faith belief that such action is necessary to comply with legal processes, protect our rights or property, or ensure the safety of our users or the public.
• With Your Consent: We may share information with your consent or at your direction.



Sale or Sharing of Personal Information (U.S. Only): We do not "sell" your personal information in the traditional sense. However, under the California Consumer Privacy Act (CCPA), the sharing of certain information with third parties for cross-context behavioral advertising may be considered a "sale" or "sharing." You have the right to opt-out of this sharing.



6. YOUR PRIVACY RIGHTS AND CHOICES

Depending on your jurisdiction, you may have the following rights regarding your personal information. To exercise any of these rights, please contact our Privacy Officer using the contact details below.

• Right to Know/Access: The right to request information about the categories and specific pieces of personal information we have collected about you.
• Right to Correct/Rectify: The right to request the correction of inaccurate personal information we hold about you.
• Right to Delete: The right to request the deletion of your personal information, subject to certain exceptions.
• Right to Opt-Out of Sale or Sharing (U.S. Only): The right to opt-out of the "sale" or "sharing" of your personal information for cross-context behavioral advertising.
• Right to Withdraw Consent: The right to withdraw your consent to our processing of your personal information at any time, subject to legal or contractual restrictions and reasonable notice.



To exercise these rights, we will need to verify your identity. You may be required to provide us with certain information to confirm you are the individual to whom the personal information relates.



7. INTERNATIONAL DATA TRANSFERS

Your personal information may be transferred to, stored, and processed in countries other than your own, including in the United States and Canada, where our data processing facilities and service providers are located. These countries may have different data protection laws than your country of residence.

When we transfer your personal information across borders, we take appropriate measures to ensure that your data remains protected. For transfers from Canada to the U.S., we inform you that your data may be subject to U.S. laws and that Canadian authorities may be unable to assist you if your rights are violated.



8. DATA SECURITY

We implement reasonable physical, technical, and administrative safeguards to protect your personal information from loss, unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the internet or electronic storage is completely secure.



9. DATA RETENTION

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.



10. CHILDREN'S PRIVACY

Our Services are not intended for children under the age of 16. We do not knowingly collect personal information from children under 16. If we learn that we have collected personal information from a child under 16 without verifiable parental consent, we will take steps to delete that information.



11. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post any revised Privacy Policy on this page and update the "Last Updated" date at the top. We encourage you to review this policy periodically.



12. CONTACT US

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact our Privacy Officer:

Attn: Privacy Officer
AnyCard Inc. 2020 Winston Park Drive, Suite 200, Oakville ON L6H 4X6
Email: privacy@anycard.com

PLEASE READ THIS DOCUMENT CAREFULLY.  ANY PERSON WHO WANTS TO ACCESS THE AnyCard.CA WEBSITE (THE "WEBSITE") TO USE OUR SERVICES (AS DEFINED BELOW) MUST ACCEPT THE TERMS AND CONDITIONS OF THIS MERCHANT SALES AGREEMENT (THE "AGREEMENT"). BY CLICKING "I AGREE”, YOU (NAMELY THE MERCHANT SEEKING TO USE THE SERVICES) AGREE TO ENTER INTO THIS AGREEMENT WITH 101273926 SASKATCHEWAN LTD. ("AnyCard.CA") AND BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.

We reserve the right at any time to change: (i) the terms and conditions of this Agreement; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services. Any changes will be effective upon posting of the revisions on the Website. All notice of changes to this Agreement will be posted on the Website for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted on the Website without notice to you. Your continued use of this website and the services following our posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, do not continue to use the services or this website.

1. AnyCard.ca provides a platform for third-party merchants ("Sellers") and buyers ("Buyers") to negotiate and complete transactions for the purchase of e-gift cards (the "Services"). AnyCard.ca is not responsible for the actual transaction between Sellers and Buyers. Accordingly, the agreement formed at the completion of a transaction (for the purchase of a gift card through the Services) is between you and a Buyer.

1. AnyCard.ca shall use commercially reasonable efforts to provide you with access via the Internet to the Services for the purpose of enabling you to use the Services in accordance with the terms of this Agreement.  You are responsible for obtaining your own access to the Internet.
2. AnyCard.ca agrees to implement generally accepted industry standard protocols to seek to secure any information shared or communicated through the Website between you, the Buyers, and/or AnyCard.ca.
3. You will be given access codes and passwords in order for you to access, utilize or otherwise employ the Services (the "Access Codes"). All such Access Codes, including those selected by and used by you, are to be kept secret and confidential.  You shall not disclose the Access Codes to any other party without the express written permission of AnyCard.ca. You acknowledge and agree that you are solely responsible for the issuance of Access Codes.
4. You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Services that occurs in conjunction with all Access Codes, and that AnyCard.ca is authorized to accept the Access Codes as conclusive evidence that you have accessed, utilized, or otherwise employed the Services.
5. You agree that you will not attempt to enter restricted areas of AnyCard.ca's computer systems or perform functions that you are not authorized to perform pursuant to this Agreement. AnyCard.ca may, without notice, temporarily suspend your or any other party's access to the Services  by deactivating any Access Codes or links to the Internet if AnyCard.ca reasonably suspects that you or any other parties are obtaining unauthorized access to AnyCard.ca's other systems or information, or are using otherwise valid Access Codes in any other unauthorized manner. These suspensions will be for such periods of time as AnyCard.ca, at its sole discretion, may reasonably determine is necessary to permit the thorough investigation of such suspended activity. Notwithstanding any other provision in this Agreement, AnyCard.ca may terminate this Agreement immediately, without notice, if it is determined that you have undertaken such unauthorized activity.

1. If a Buyer wishes to purchase one of your e-gift cards through the Service, any such transaction will be processed by Stripe, Inc. ("Stripe").  In order for Stripe to execute any such online payment transactions (and as a condition of your use of the Services), you must create and maintain an account with Stripe and agree to be bound by the "Stripe Terms of Service – Canada" available at: https://stripe.com/ca/terms, as may be amended from time to time.
2. Our fees for providing you with the Services shall be ten (10) percent of the value of any gift card that you sell using our Services. As such, you will receive ninety (90) percent of the value of any gift card that is sold through the Services.  

1. You agree that title to and ownership of the Website and any modifications made thereto and all intellectual property rights therein shall at all times remain with AnyCard.ca and/or its suppliers. AnyCard.ca reserves all rights to the Website that are not expressly granted in this Agreement. 
2. You may not create derivatives, modify, decompile or reverse engineer the Website, or do anything that will reveal or generate the source code of the Website. Any such act will be a violation of the rights, title and interests of AnyCard.ca.

1. Unless you first obtain AnyCard.ca's prior written consent, you will not issue any press releases or otherwise make any public statements or communications disclosing or concerning: (i) this Agreement, its terms, or the relationship of the parties; (ii) any information relating to AnyCard.ca or its affiliates' technology, customers, business plans, marketing activities, finances and/or other business affairs; (iii) any matters or information relating to the Website users, traffic or transactions on the Website; and/or (iv) any nonpublic information disclosed by AnyCard.ca, its affiliates or their respective agents, to you, your affiliates or their respective agents, whether or not designated as confidential, contained in tangible materials or disclosed orally or by your observation.  You:

1. may use such information solely in pursuance of the parties' business relationship;
2. will restrict the possession, knowledge and use of such information to your employees, contractors, agents, and legal and financial advisors who (x) have a need to know such information in connection with the parties' business relationship, (y) are obligated to limit their use of and protect such information in accordance with the terms of this Agreement, and (z) have been advised of such obligations;
3. except as expressly provided in this Agreement, will not disclose such information without AnyCard.ca's prior written consent; and
4. will take all reasonable measures to avoid disclosure, dissemination, misappropriation or unauthorized use of the such information, including, at a minimum, those measures it takes to protect its own confidential information of a similar nature, but in no event less than reasonable care.

1. The Website and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations.  
2. AnyCard.ca has the right to use, transmit, display, reproduce, change or remove any content that is uploaded to our site by you.
3. AnyCard.ca has the right, but not the obligation, to monitor any activity and content associated with the Services or the Website. AnyCard.ca may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Website, including listings and bids. AnyCard.ca reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable or has been reported by other users. 

1. You hereby represent and warrant to AnyCard.ca that: (i) you are a legitimate business; (ii) you are duly organized, validly existing and in good standing under the laws of the jurisdiction in which your business is registered; (iii) you have a bank account located in Canada; (iv) you will honour any gift card that you sell or otherwise provide to a Buyer through the Services; and (v) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder.
2. You acknowledge and agree that the Services are provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world. You are solely responsible for obtaining and maintaining any necessary consents or permissions from your Authorized Users or others whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any communications involving the use of the Services and agree to obtain and maintain all such consents or permissions throughout the Term of this Agreement.
3. You further acknowledge that: (i) AnyCard.ca uses public application programming interfaces ("APIs") from any applicable third party social media websites ("Social Media Sites"). AnyCard.ca cannot and does not exercise any control over these APIs or the terms of use or other agreement governing the parties' use of a Social Media Sites; and (ii) changes made to any applicable APIs may impact and/or diminish the functionality and/or performance of the Services. AnyCard.ca shall not be responsible for the effects of any changes made to any applicable API or Social Media Site (including our ability to use any such website).

1. THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND AnyCard.CA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES AND THE WEBSITE, INCLUDING WITHOUT LIMITATION:

1. THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
2. THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND
3. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

1. BECAUSE AnyCard.CA IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE YOU AND A BUYER, YOU HEREBY RELEASE AnyCard.CA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
2. All FEES AND PENALTIES ASSOCIATED WITH ANY TYPE OF FRAUDULENT DISPUTES ARE THE SOLE RESPONSIBILITY OF THE SELLER INCLUDING THE VALUE OF ANY PURCHASES MADE USING THE ELECTRONIC GIFT CARD.  

1. EXCEPT FOR AnyCard.CA'S WILLFUL MISCONDUCT OR FRAUD:  

1. AnyCard.CA SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR LOST SAVINGS, OR LOST REVENUES (EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE); AND
2. IN NO EVENT SHALL THE TOTAL AND CUMULATIVE LIABILITY OF AnyCard.CA UNDER THIS AGREEMENT EXCEED $5.00.

2. THE CONSIDERATION RECEIVED BY AnyCard.CA HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR AnyCard.CA TO ACCEPT ANY LIABILITY OR RISKS BEYOND WHAT IS EXPRESSLY PROVIDED HEREIN.

1. You will defend, indemnify and hold harmless AnyCard.ca (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, settlements, awards, judgments, penalties, interest, expenses and fees (including reasonable attorneys' fees) arising out of any Claim (as defined below) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your use of the Services, including any e-gift cards that you sell or otherwise provide to a Buyer. For purposes of this Agreement: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.

1. AnyCard.ca, in its sole discretion, may terminate this Agreement, access to the Website or the Services immediately without notice for any reason.
2. You may terminate this Agreement by providing us with fifteen (15) days written notice.
3. In the event that AnyCard.ca terminates this Agreement pursuant to Section 12.2, you shall pay AnyCard.ca for all outstanding fees, charges and other expenses.
4. Any termination or expiration of this Agreement will be without prejudice to any obligation of either party to the other accruing prior to or at such termination or expiration, and any remedies available to one party due to the other party's breach of this Agreement will survive termination of this Agreement.
5. If AnyCard.ca or the Seller choose to terminate the service agreement at any time, the Seller agrees to issue a physical gift card to the Buyer(s) for any outstanding balances on any electronic gift cards purchased.

1. Because AnyCard.ca is not involved in the actual transaction between yourself and any Buyers and is not the agent of either for any purpose, AnyCard.ca will not be involved in resolving any disputes between you and any Buyer related to or arising out of any transaction through the Services. AnyCard.ca urges Sellers and Buyers to cooperate with each other to resolve such disputes.
2. However, any controversy, claim or dispute arising out of or relating to this Agreement or the Services or the relationship between you and AnyCard.ca which results from this Agreement which cannot be amicably resolved  (collectively, a "Claim")  will, except where prohibited by applicable law, be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Regina, Saskatchewan in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein.  Although the appointing authority shall be a Justice of the Court of Queen's Bench of Saskatchewan, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against AnyCard.ca relating to any Claim; (ii) opt out of any class proceedings against AnyCard.ca; and (iii) waive, to the fullest extent permitted by law, any right of appeal.  Notwithstanding the foregoing, AnyCard.ca reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.   
3. The following matters shall be excluded from the foregoing resolution process: (i) lawsuits to obtain an interim order for specific performance, emergency, injunctive or other equitable relief; (ii) any lawsuits involving third parties; and (iii) intellectual property claims whether initiated by third parties or by one of the parties.

1. All headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Each party acknowledges that this Agreement has been the subject of active and complete negotiations, and that this Agreement should not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of this Agreement. Where the context so requires in this Agreement, unless there is something in the subject matter or context inconsistent therewith, words importing the singular number include the plural and vice versa.
2. Neither party to this Agreement shall commit any act or take any action which frustrates or hampers the rights of the other party under this Agreement. Each party shall act in good faith and engage in fair dealing when taking any action under or related to this Agreement.
3. While you may not assign this Agreement to any third party without the express written consent of AnyCard.ca, we may assign this Agreement without: (i) your consent; or (ii) notice to you.
4. You hereby grant AnyCard.ca a limited, revocable, royalty-free, non-exclusive license to use your trade-marks for the sole purpose of enabling AnyCard.ca to: (i) provide you with the Services; and (ii) identify you as a user of the Services on AnyCard.ca's website and other marketing materials.  
5. These Terms of Use is governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regards to its principles of conflicts of law.  Subject to the obligation to arbitrate above, you agree to personal jurisdiction of the courts located in located in Regina, Saskatchewan, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
6. This Agreement supersedes all previous agreements, if any, between the parties hereto and constitutes the sole and entire agreement between them with respect to the subject matter hereof.   Each party hereto agrees that there are no oral representations, warranties or conditions and that all terms are embodied in this Agreement.  No change, modification or amendment of this Agreement shall be effective unless in writing and signed by both parties hereto.  
7. No partnership or joint venture is intended to be created by this Agreement, nor any principal-agent or employer-employee relationship.  Unless expressly provided in this Agreement, neither party has, nor shall attempt to assert, the authority to make commitments for or to bind the other party to any obligation.
8. The waiver by either party of any default by the other party under this Agreement shall not operate as a waiver of any future default, whether of a like or different nature.
9. Sections 12.5 shall survive the expiration or termination of this Agreement by either party for any reasons.  
10. If any provision of this Agreement or its applications to particular circumstances is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision (or its application to those circumstances) shall be deemed stricken and the remainder of this Agreement (and the application of that provision to other circumstances) shall continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the parties; the parties shall replace the severed provision with the provision that will come closest to reflecting the intention of the parties underlying the severed provision but that will be valid, legal, and enforceable.
11. This Agreement is an agreement between the parties, and confers no rights upon any of the respective employees, agents, or contractors or any other person.
12. The parties each agree to execute and deliver (and cause their respective employees or officers to execute and deliver) any appropriate instruments or documents to confirm the assignments, waivers, confirmation of rights and licenses provided for herein and to enable the other to perfect the same by filing, registration or otherwise in any state, territory, or country, as may be reasonably requested and prepared by such other from time to time.

This Agreement was last updated on January 8, 2016.