This Website is owned and operated by, or on behalf of, Onlinecard.ca. (“we”, “our” or “us”). We are the data controller in respect of the personal information of our users based in the European Union.
INFORMATION YOU PROVIDE TO US THROUGH THE SERVICES
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE THE SERVICES
When you access or use the Services we automatically collect information about you, including:
- Log Files: We gather certain information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to the Services, and store it in log files. We do not monitor or log data collected from your servers when using the Services, but we may log or monitor information about your access to our Services.
INFORMATION WE COLLECT FROM OTHER SOURCES
We may also obtain information from other sources and combine that with information we collect through our Services for purposes of advertising and user authentication. For example, if you create or log into your Onlinecard.ca account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address as authorized in your Google Apps profile settings.
USE OF INFORMATION
We may use information about you to:
- Enable you to have full access to the Services;
- Provide, maintain and improve the Services;
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices,;
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions and requests, and provide customer support;
- Create your Onlinecard.ca account and identify you when you sign-in to your account in accordance with your agreement with us;
- Communicate with you about products, services, offers, promotions, rewards, and events offered by Onlinecard.ca and others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with the Services;
- Detect, investigate and prevent fraud and other illegal activities and protect the rights and property ofOnlinecard.ca and others;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Link or combine with information we get from others to help understand your needs and provide you with better service;
- Consider you for possible employment at Onlinecard.ca in connection with an application that you submit; and
- Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
- With vendors, consultants, and other service providers we have vetted and approved who need access to such information to carry out work on our behalf only to the extent necessary for the performance of any contract we enter into with you;
- In response to a request for information if we believe disclosure is permitted by, in accordance with, or required by, any applicable law, regulation, or legal processes such as to comply with a subpoena or applicable court order;
- In connection with, or during negotiations of, any merger, sale of Onlinecard.ca assets, financing or acquisition of all or a portion of our business by another company;
- With analytics and search engine providers that assist us in the improvement and optimization of our Website, subject to our Cookies Policy; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
LAWFUL BASIS FOR PROCESSING YOUR INFORMATION
We are required to state the lawful basis under which we process the personal data of our users from the European Union (“EU”). Accordingly, the lawful bases upon which we process your personal information are as follows:
- Where it is necessary to obtain your prior consent to the processing concerned in order for us to be allowed to do it, for instance in relation to direct marketing, we will obtain and rely on your consent in relation to the processing concerned;
- Otherwise, we will process your personal data only where the processing is necessary for compliance with a legal obligation to which we are a subject; or
- For the purposes of the legitimate interests pursued by us in promoting our business, providing the Platform to our customers pursuant to or legal agreements with them, and in ensuring the security, accessibility and improvement of our Website and Platform and the development of new technology and services.
The Website may, from time to time, contain links to external sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. We are not responsible for the privacy policies or the content of such sites.
ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
We allow the following companies to serve advertisements on our behalf across the Internet and in applications: Google AdWords, Google analytics, Marketo, Twitter, Facebook, Adroll, Quora, Bing ads, Linkedin, Terminus, Demand base, Instagram, and Reddit using email address and cookies that are collected. These entities use technologies including cookies, web beacons, device identifiers and other tools to collect information about your use of the Services and other websites and applications, including your IP address, web browser, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Onlinecard.ca and Onlinecard.ca service providers to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about cookies, please see below and for further information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes
INFORMATION COLLECTED ON BEHALF OF CUSTOMERS IN PROVIDING OUR PLATFORM
In the case of personal information we handle or receive on behalf of a customer in connection with their access to, and use of, our Platform (“Customer PI”), we have no direct relationship with the customer’s employees or other individuals with whom that customer may interact with respect to the Platform. If you are such an employee or individual and are seeking access to, or would like to correct, amend or delete, Customer PI, you should direct your query to the applicable customer. We will respond within a reasonable timeframe to a customer’s request to remove Customer PI. Please note that the foregoing will not limit EU individuals from making certain requests relating to their personal data as provided in Your Rights below.
We will not use Customer PI except for the purpose of providing and supporting the Services for the applicable customer. Customer PI will be retained for as long as needed for that purpose and as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
We take reasonable steps, including physical, technical and organizational measures, to protect your personal information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information submitted to us.
Your personal information will be retained by Onlinecard.ca for the duration of your account and may be retained for a period after this time as necessary and relevant to our legitimate interests, our terms of agreement with you and in accordance with applicable legal obligations. This may include retention necessary to meet our tax reporting requirements as well as time required to enforce the relevant terms of agreement or to identify, issue or resolve legal proceedings.
We may retain a record of your stated objection to the processing of your data, including in respect of an objection to receiving marketing communications, for the sole legitimate purpose of ensuring that we can continue to respect your wishes and not contact you further, during the term of your objection.
TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES
Onlinecard.ca is based in the United States. By accessing or using the Services or otherwise providing information to us, you understand that your information will be subject to processing, transfer and storage in and to the U.S. where you may not have the same rights and protections as you do under local law.
EU individuals have rights in relation to their personal data, which is processed by Onlinecard.ca. If you are an EU data subject, you may, by emailing us at support@Onlinecard.ca. cards:
- Request access to the personal data concerned.
- Request that any incorrect personal data about you that we are processing be rectified.
- Request that we erase the personal data concerned.
- Withdraw your consent at any time where we are processing personal data relating to you on the basis of your prior consent to that processing, after which we shall stop the processing concerned.
- Lodge a formal compliant with the Information Commissioner in Ireland (or your local EU supervisory authority if you live outside the UK) if you have a complaint about any processing of your personal data being conducted by us.
If the requested EU Data is Customer PI, please include the name of the applicable customer in your request; we will refer the request to that customer to respond directly to you and will support them as needed to respond to your request.
Our customers may access, update or change personal information they have provided by logging into the Services or emailing us at support@Onlinecard.ca.
Subject to the terms of their agreements with us, Customers may deactivate their accounts by emailing us at support@Onlinecard.ca, but note that we may retain certain personal information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also retain cached or archived copies of personal information for a certain period of time.
If you are an individual with whom one of our customers interacts with respect to the Services (e.g., an employee of a customer), as noted above, you should direct any requests regarding access, modification or deletion of personal information to the applicable customer.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt-out of receiving promotional emails from Onlinecard.ca by following the instructions in those emails or by emailing support@Onlinecard.ca. If you opt-out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
You represent to Onlinecard.ca that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Onlinecard.ca are collectively referred to as the “Parties” and each is a “Party”.
1. Subscription Agreement.
These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Onlinecard.ca. If you are accessing or using the Service, then you are subject to Onlinecard.ca’s Subscription Agreement or such other written contract as may be separately agreed and signed between you and Onlinecard.ca.
2. Onlinecard.ca Content.
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Onlinecard.ca or its licensors (“Onlinecard.ca Content”). The Site (including the Onlinecard.ca Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Onlinecard.ca, Onlinecard.ca owns and retains all rights in the Site and theOnlinecard.ca Content. Onlinecard.ca hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Onlinecard.ca Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Onlinecard.ca in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Onlinecard.ca Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Onlinecard.ca Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Onlinecard.ca Content.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Onlinecard.ca or other third parties. You are not permitted to use these Marks without the prior written consent of Onlinecard.ca or such third party.
4. Third-Party Services.
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Onlinecard.ca, and you do so at your own risk.Onlinecard.ca is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Onlinecard.ca is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.
6. Acceptable Use.
Your use of the Site is subject to Onlinecard.ca Acceptable Use Policy availableOnlinecard.ca is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Onlinecard.ca at support@Onlinecard.ca.
7. Compliance with Laws.
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Onlinecard.ca software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Onlinecard.ca software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
8. Global Availability.
Onlinecard.ca controls the Site from Delaware, USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Onlinecard.ca makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
You agree to defend, indemnify and hold harmless Onlinecard.ca, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Onlinecard.ca policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY Onlinecard.ca ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Onlinecard.ca ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER Onlinecard.ca’S CONTROL.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL Onlinecard.ca, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL Onlinecard.caCUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Responsibility for End Users.
You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.
13. Termination and Monitoring.
13.1. If you violate these Terms, Onlinecard.ca may suspend or terminate your use of the Site. Onlinecard.ca right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Onlinecard.ca believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Onlinecard.ca, its customers or third parties.
13.2. Onlinecard.ca reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Onlinecard.ca has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Onlinecard.ca finds to be in violation of these Terms. Onlinecard.ca may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Onlinecard.ca also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.
14. Electronic Communications.
When you visit the Site or send emails to Onlinecard.ca, you are communicating with Onlinecard.ca electronically; and you consent to receive communications from Onlinecard.ca electronically. Onlinecard.ca will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Onlinecard.ca provides to you electronically satisfy any legal requirement that such communications be in writing.
Onlinecard.ca may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.
16. Governing Law.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Castlew County, State of Delaware, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Onlinecard.ca. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Onlinecard.ca’s express prior written consent. Onlinecard.ca may assign, transfer or sublicense all or any of Onlinecard.ca’s rights or obligations under these Terms without restriction. The failure of Onlinecard.ca to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Onlinecard.ca of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Onlinecard.ca will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Please contact Onlinecard.ca at support@Onlinecard.ca with any questions regarding these Terms.