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Legal Interac.ca Privacy Policy Introduction At Interac Corp. (“Interac”, “we” or “us”) we respect your personal information and are committed to ensuring the proper use, protection and security of all personal information placed in our care. This Privacy Notice explains our personal information collection, use and disclosure policies and practices in order to help you understand how we handle personal information you provide to us when you visit our websites (“Sites”), communicate with us by email or phone, and participate in our products and services. More detailed Privacy Notices for Interac verification service, Interac document verification service, and Interac sign-in service can be found here: Verification solutions – Legal. This Privacy Notice does not apply to and we are not responsible for any third-party websites, products, or services that may be accessible through links from our Sites. We urge you to review the privacy practices of those third-party site owners carefully before you submit any personal information. Policy Notice Overview To learn more about this Privacy Notice, please click through the following sections. - What types of personal information we collect and why - How we use your personal information - Why we share your personal information - How long we keep your personal information - How we protect your personal information - Your rights and choices over your personal information - When we transfer your personal information - Updates to this Privacy Notice - How to contact us What types of personal information we collect and why We may collect and use different types of personal information related to you in the course of operating our Sites and providing our products and services. We do not sell personal information to anyone and only share it with third parties for the purposes set out in this Privacy Notice. When you visit our Sites When you visit our Sites we automatically store certain information, which may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), website usage information (including the amount of data transferred, history of website pages you view) and sites you visit to access our Sites and those you will visit from our Sites. We may store your IP address for security reasons, in particular to help diagnose problems with our server, administer our website, analyze trends, prevent and detect attacks on our website or attempts at fraud. We also track visitor movements and gather broad demographic information to help us identify visitor preferences. We render all of this information anonymous (unless we are required or permitted to keep information in its original form by applicable law) and retain it in aggregate form to measure interest in Interac reports and usage of our Sites, including but not limited to the total number of visits, average time spent on our Sites, and pages viewed, both in real-time, and within a certain historical time frame. We use this aggregated information to improve the utility, security, content, and user experience of our Sites. More information about how information is collected from websites related to our Interac verification service, Interac document verification service, and Interac sign-in service, can be found here: Verification solutions – . Interac has a legitimate interest in understanding how our Sites are used. This understanding is derived from analytics including fraud and marketing analytics and helps us to provide additional products, services and content that are relevant to our users. Cookies When you visit our Sites we may collect certain non-identifiable information via cookies, web beacons, and other similar tracking technologies to help us enhance your Site user experience. The types of information we may obtain include: - Anonymized data relating to: (i) on-site behaviour; (ii) performance metrics; and (iii) targeted advertising; and, - Anonymized clickstream data and other information about your online activities (such as information about your devices, browsing actions and usage patterns), including across third-party websites, that we obtain through the use of cookies and similar technologies. Information on the cookies we use, and their functions can be found in our Cookie Notice. Analytics We may use Google Analytics, specifically the Demographics and Interest Reporting component of Google Analytics as well as the DoubleClick Campaign Manager, together known as Google Analytics for Display Advertisers. These features are used to derive non-personally identifiable information to track and report our Sites traffic. For more information about Google Analytics, its privacy and terms, including how to opt out from having your information collected through Google Analytics please visit https://policies.google.com/technologies/partner-sites?hl=en-US. Collection of personal information in connection with Interac products and performance of Interac services To facilitate your use of Interac products and services, to protect you and other users of our products, services and Sites from fraud and other wrongful or illegal activity, to provide Interac services and to conduct our business, including to carry out our obligations arising out of any agreements entered into between you and us, between your financial institution and us, and between us and third parties, we may collect the following personal information. - For Interac e-Transfer transactions, we collect information including sender name, email address, phone number (if provided) and bank account number, along with recipient name, email address or phone number (or both), and bank account information. In addition, we collect nick names and IP addresses of both sender and recipient, the payment amount, expiry date of the Interac e-Transfer transaction, name of the originating financial institution, current payment status, status history of the payment, unique device ID numbers and all messages associated with the transfer. - For Interac e-Transfer Bulk Payables, in addition to the information we collect for Interac e-Transfer transactions, we collect information including the security question and answer associated with the transfer. - For Interac Debit Chip and Pin and Interac Debit contactless transactions (formerly known as Interac Flash), we collect information including the transaction payment amount, name of the originating financial institution, current payment status and your debit card primary account number (PAN). - For Interac transactions, in addition to the information we collect for Interac Debit, we collect the following information: - For each Interac Debit through digital wallets provision, we collect the home country of the card, originating financial institution and cardholder billing address (if available); and - We also collect device related information including , device identifier, model, operating system, IP address, language, location, device manufacturer, network operator, device serial number (last two digits), time zone, type, masked email address and user account ID hash (unique ID representing Apple ID / Google ID of the user). - For Interac verification service, Interac document verification service, and Interac sign-in service a description of the information we collect can be found here: Verification services – Legal - For Software Based Pin on Cots for Mobile point of sale transactions, in addition to the information we collect for Interac Debit, we collect information, including transaction payment amount, name of the originating financial institution, current payment status and your debit card PAN, as well as the geolocation of the transaction (i.e. the IP address of the merchant) and the unique identifier of the merchant’s Commercial Off the Shelf Device (i.e. phone, tablet). When you contact us or request that we contact you Through our contact channels you can contact us or ask us to contact you regarding questions, troubleshooting, comments, or complaints. When you do this, we collect the information that you communicate to us by filling out the applicable form, speaking with us in person, by calling or emailing us. Information we collect may include your contact details (such as your first name, last name, address and/or business information), the reason you are contacting us, your transaction reference number, your device type, your transaction amount, verification that you are not a robot and other information you provide to us. We will collect your contact information and any other information we need in order to further assist you and communicate with you. Sensitive information should not be included within such inquiries. For our newsletter, events and marketing purposes You can choose to sign up for our newsletter on our and to receive invitations to events. If you do so, you may authorize us to use your email for the purpose of contacting you to periodically send you email messages describing updates, new features, or promotional offers related to our Sites, products, services or events. You can choose to stop receiving these emails at any time. To do so simply follow the instructions included in your email, or send a reply stating your request to unsubscribe. If you do not explicitly choose to receive emails for marketing purposes, the only email messages you will receive from us will be to respond to email inquiries that you send us. When you sign up/register for our Sites You may also choose to register for our Developer Centre or participate in the Interac Hackathon or request help, support or information for merchants. If you do so, you may be asked to provide optional information such as the name of the business you work for and/or the industry you work in. We may collect your personal information in order to provide you access to the Developer Centre, operate the user forum, and facilitate management of Developer Centre users’ accounts. When you request merchant point of sale merchandise, we may also collect your personal information to fulfil your request. We render all of this information anonymous and retain it in aggregate form to measure interest in the Developer Centre Hub, usage of the Sites, including but not limited to the total number of visits, average time spent on the sites, and pages viewed, both in real-time, and within a certain historical time frame. We use this aggregated information to improve the utility, security, content and user experience of our Sites. When you apply for a job with us If you apply for a job at Interac on our career website, we may collect certain personal information from your job applications, including your contact information (including name, postal address, email address and phone number), resume, your citizenship/employment eligibility, desired salary, results of your behavioral or cognitive abilities testing and any other personal information you choose to submit along with your application. How we use your personal information We will only use your personal information when we have a legitimate basis, including to: - Administer and perform our services, products and conduct our business; - Evaluate employment candidates and respond to applicant correspondence; - Carry out our obligations that may arise from any agreements we have entered into with you or your financial institution or other third parties; - Operate and facilitate the use of our Sites (including responding to requests received) and to confirm Site content is useful and relevant; - Manage our business needs, such as monitoring, analyzing, testing and improving our products and services, the Sites’ performance and functionality and the performance and functionality of our infrastructure; - Contact and correspond with you, and respond to your inquiries and, when necessary, investigate complaints; - Determine whether to grant access to certain special features of our Sites; - Comply with legal and regulatory requirements; - Prevent and detect fraud, unauthorized transactions, other wrongful or illegal activities, claims and other liabilities; and - Manage risk exposure with respect to the integrity and security of our products, services and Sites. We may also use information you provide in anonymized and aggregated form for the following legitimate purposes: - Assemble statistical reporting for our participating financial institutions and governmental authorities; - Conduct market research respecting our products and services; and - Compile statistical analysis of the behaviour of users or groups of users. Why we share your personal information We consider your personal information strictly confidential and we do not sell or rent it to others. We will not share any of your personal information with third parties, except in the limited circumstances described herein or with your express permission. Any third parties to whom we disclose any of your personal information are limited by law or by contract from using that information for any purpose beyond the purposes for which the information is collected. We may disclose your personal information in the following circumstances. Interac service providers We need the help of our service providers to be able to offer you our Sites, products, and services. We share your personal information with our service providers who perform services for the purposes described in this Privacy Notice. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions and require these service providers by contract to only process personal information in accordance with our instructions and in compliance with applicable laws. We also require them to safeguard the security and confidentiality of the personal information on our behalf by implementing appropriate technical and organizational security measures and confidentiality obligations binding their employees and contractors. Financial Institutions We offer payment products and services in association with participating financial institutions. Agents and customer service representatives at your financial institution have access to certain stored information we have. The personal information we share with your financial institution allows them to respond to your inquiries, trace payments, view a customer’s transaction history and access payment details. Additional information regarding our information sharing practices with financial institutions in relation to our Interac verification service, Interac document verification service, and Interac sign-in service, can be found here: Verification solutions – Legal. Payment memos attached to an Interac e-Transfer transaction between the sender and recipient will not be disclosed to your financial institution and will only be disclosed when we are required or permitted to do so by applicable law. Fraud Investigations We disclose information that we, in good faith, believe is appropriate in investigations of fraud or other wrongful or illegal activity or to conduct investigations of violations of the terms and conditions for using our products and services. At our sole discretion we may report suspicious activity relating to fraud or other wrongful or illegal activities, (in cooperation with your financial institution) to the appropriate legal authorities, to our participating financial institutions and other third parties. For example, we may report suspicious activities where we believe those activities could result in physical harm or financial loss to any person. We may also report activities that we view as a pattern of fraudulent, wrongful or illegal behaviour. We also exchange certain information with these financial institutions to allow each of us to establish whether any particular transaction, or series of transactions, needs to be reported as required by applicable law. Business transfers We may be involved in the sale, transfer or reorganization of some or all of our business at some time in the future. As part of that sale, transfer or reorganization, we may disclose your personal information to the acquiring organization, but will take all reasonable measures to ensure that the acquiring organization agrees to protect your personal information in a manner that is consistent with this Privacy Notice. Required by law We may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where we have reasonable grounds to believe the information could be useful in the investigation of unlawful activity or to legal authorities, government officials or third parties where necessary to comply with a subpoena or warrant or an order made by a court, person or any other body with jurisdiction to compel the provision of information. We may also disclose your personal information in order to comply with court rules and regulations regarding the provision of records and information or as otherwise permitted or required by law. Third party websites Our Sites may include links to other third-party websites and social media tools, including cookies, that permit sharing web content including IP address, with third parties and social media providers. For example, you may share an article from the Interac Newsroom via Facebook, LinkedIn, or Twitter. These websites may learn of your visit and treat the collection, use and disclosure of personal information differently than we do. For any linked websites or features you visit or use that are not owned or controlled by Interac, please review their own privacy notices or policies before disclosing your personal information. We are not responsible for the collection, use and disclosure practices of companies or organizations to which our sites may provide links. How long we keep your personal information Your personal information is retained for as long as reasonably necessary to fulfill the relevant purposes set out in this Privacy Notice and in order to comply with Interac’s legal or regulatory obligations. When determining the retention period, we consider factors including the type of products and services, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact if we delete some information about you, mandatory retention periods, and the statutory limitations. We will maintain your transaction history and information provided to us by third parties. As always, once archived, your personal information is kept secure. Information we collect from visitors to our Sites is retained only in aggregate form for the purposes outlined in this Privacy Notice. Once we have responded to any specific inquiries we receive from individuals, we destroy, erase or render anonymous personal information no longer required for the purpose(s) for which it was collected, subject to any legal or business requirement to retain it. How we protect your personal information We are committed to securing your personal information and have taken precautions to protect such information against unauthorized access, disclosure, inappropriate alteration, and misuse. We maintain appropriate physical, technical and administrative safeguards to help protect your personal information. We update and test our security technology, standards and processes on an ongoing basis. Transmission methods used to transfer information over the Internet, or methods of electronic storage, are not 100% secure. We cannot ensure or warrant the security of any information you transmit or provide to us, and you do so at your own risk. We cannot guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. You play a valuable part in security. After you have finished visiting our Sites, you should log out and exit your browser to prevent unauthorized users from returning to your online session. If you are accessing our mobile Sites, you should ensure that your device’s privacy settings are set in accordance with your privacy preferences. If you believe your personal information has been compromised or that someone has improperly used or provided information to Interac about you that you did not authorize, please contact us as set out in this Privacy Notice. Your rights and choices over your personal information Under certain circumstances and in accordance with applicable privacy laws, you are entitled to certain rights over your own personal information, as listed below. - Right of access – You have the right to be informed of the existence, use and disclosure of your personal information by us, and have access to that information (including a listing of the third-party organisations with whom the information has been shared). - Right to rectification of errors – When you demonstrate the inaccuracy or incompleteness of your personal information held by us, we must correct the inaccuracies and/or add a notation to the information, as appropriate. - Right to challenge accuracy – You have the right to challenge the accuracy, completeness and currency of your personal information in our possession. - Right to limit use of personal information – As a condition of providing you access to an Interac product or service we cannot require that you allow us to process your personal information beyond that which is required to fulfil the explicitly specified and legitimate purpose. - Right to withdraw consent – You are able to withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. We must inform you of the implications of such withdrawal. - Right to object to marketing – You must consent to our collection, use or disclosure of your personal information for marketing purposes. - Right to complain to the relevant data protection authority(ies) – You have the right to be able to address data protection issues with our Privacy Office and you also have the right to make a complaint to the relevant data protection authority. There are some exceptions to these rights. Some information may not be accessed or deleted in certain circumstances, for example, if it contains personal information of other persons or if we are required by law to keep it. If you wish to exercise your rights described above or require further information regarding circumstances that may limit the rights you can exercise, please contact us as set out in this Privacy Notice. When we transfer your personal information Some of the information you provide to us may be shared in encrypted form with our service providers that are located outside of Canada, over communication systems in order to facilitate the routing of such information in the course of providing Interac services. For such service providers, we will require them by contract to only process personal information in accordance with our instructions and in compliance with applicable laws. We also require that service providers safeguard the security and confidentiality of the personal information that they process on our behalf by implementing appropriate technical and organizational security measures and confidentiality obligations binding their employees and contractors. Updates to this Privacy Notice Interac may review this Privacy Notice periodically to reflect changes in privacy regulations and in our practices. We will post a prominent notice of any relevant and material changes to this Privacy Notice when they occur and indicate when this Privacy Notice was most recently updated. At Interac, the person in charge of the protection of personal information is Conni Gibson, Chief Legal Officer and Corporate Secretary. In the event that you: - Have any questions about this Privacy Notice, our privacy policies or practices, or about the handling of your personal information; - Want to withdraw consent to continued collection, use, disclosure or other processing of your personal information; - Want to access, update, or correct your personal information; or - Want to make a complaint respecting Interac’s handling of your personal information or otherwise challenge Interac’s compliance with applicable data protection legislation, please feel free to contact our Privacy Office by email at privacy@interac.ca, or write to us at: Privacy Office Interac Corp. Royal Bank Plaza, North Tower, P.O. Box 45 200 Bay Street, Suite 2400 Toronto, Ontario M5J 2J1 Canada Copyright © 2022, Interac Corp. All rights reserved. Except as permitted by law, no part of this document nor any of Interac’s trademarks, logos and service marks may be reproduced or transmitted by any process or means without prior written consent of Interac Corp. Interac Corp., by publishing this document, does not guarantee that any information contained herein is and will remain accurate. Interac Corp., its agents and employees shall not be held liable to or through any user for any loss or damage whatsoever resulting from reliance on the information contained herein. Published by Interac Corp., Royal Bank Plaza, North Tower, P.O. Box 45, 200 Bay Street, Suite 2400, Toronto, Ontario M5J 2J1 ®,™: Trade-mark of Interac Corp. Interac.ca Terms Interac Corp. Website Terms of Use Last updated: November 2nd, 2021 Copyright © 1998 – 2008 Interac Inc., All Rights Reserved. PLEASE TAKE NOTE THAT YOUR USE OF THE INTERAC WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: The following sets forth the terms and conditions for the use of the www.interac.ca website imposed by Interac Association, Interac Inc. and Acxsys Corporation (collectively, “we” or “us” or the “sponsor”). Visitors to our website (“you” or “your”) are subject to these terms and conditions. Intellectual property notice The materials available from this Interac website are protected by copyright, trade-mark and other forms of proprietary rights and are owned or controlled by Interac Inc., Acxsys Corporation or the respective owners. Permitted uses You may browse this website for information and educational purposes only, and you may not use, distribute, modify, transmit, revise, reverse engineer, republish, post or create derivative works of the contents of this website without our prior written permission. Look and feel Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. All right, title and interest in and to such content, is owned, licensed or controlled by us or the respective third party, as the case may be. Trade-marks The following are registered trade-marks of Interac Inc.: - the word Interac - the Interac design - “Swipe the Stripe” - “Smarter than Cash” - “Plus brillant que l’argent” - PINpad design with “OK” - OK - “Appuyez sur O.K.” - “PROTECT YOUR PIN” - “PROTEGEZ VOTRE NIP” - Hands & Keypad design - Everyday Simply - Tous les jours, tout simplement - The Armoured Car Logo You are not permitted to use the trade-marks displayed on this website without the prior written consent of Interac Inc. CertaPay word and design are trade-marks of Acxsys Corporation. You are not permitted to use the CertaPay trade-marks without the prior written consent of Acxsys Corporation. Links to other sites This website provides links to third party websites which are not maintained or controlled by us. We do not warrant the accuracy, completeness or timeliness of any information available via linked third party websites, or endorse their products or services, or endorse any opinions expressed on such sites. Hyperlinks Unless you have a written agreement in effect with us that states otherwise, you may only provide a hypertext link to the Interac website from your website, provided that: - the link is a text-only link clearly marked “Interac Home Page” or “www.interac.ca”; - the link points to the URL “https://www.interac.ca” and not to any other page within the Interac website; - the appearance, position and other aspects of the link on your website does not damage or dilute the goodwill associated with our names or trade-marks; - the appearance, position and other aspects of the link does not create the false appearance that any entity is associated with or sponsored by us; - the link, when activated by a user, displays the Interac website full-screen and not within a “frame” on the linked website; and - we reserve the right to revoke its consent to the link at any time in its sole discretion Privacy Our collection, use and disclosure of your personal information is governed by our Privacy Statement, as may be amended from time to time. Changes to these Terms of Use These Terms of Use were last updated on March 24, 2008. We reserve the right to revise them at any time. You are bound by such revisions so we encourage you to visit this page frequently to stay informed. Applicable laws and regulations Your access to and use of this website is subject to all applicable international, federal, state and local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our site. Your agreement This website (excluding linked sites) is controlled by our service provider from its offices in Ontario, Canada. By accessing this website, you and the sponsor. agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of Canada and Ontario, without regard to the conflicts of laws principles thereof. You and the sponsor also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. Interac.ca Cookie Policy Interac e-Transfer Privacy Policy Introduction Information We Collect How to Access Your Information Acxsys’ Use of Your Personal Information Retention of Your Information Disclosure of Your Personal Information Contact Us 1.1 Introduction Acxsys is committed to protecting both the privacy and confidentiality of your personal information. In order to operate the Interac e-Transfer service, in accordance with Federal Law, and to reduce the risk of fraud, Acxsys asks you to provide us information about yourself and about your bank account. We use this information only in accordance with this policy. 1.2 Information We Collect To deposit an Interac e-Transfer you first register with Acxsys. PERSONAL INFORMATION: Acxsys is committed to protecting both the privacy and confidentiality of your personal information. In order to operate the Interac e-Transfer service, in accordance with Federal Law, and to reduce the risk of fraud, Acxsys asks you to provide us information about yourself and about your bank account. We use this information only in accordance with this policy. ACCOUNT INFORMATION: In order to deposit your Interac e-Transfer, Acxsys asks you to provide the account number, transit number and institution number for the bank account where the funds are to be deposited. This information is used by Acxsys and Acxsys’ agent bank to deliver the funds to your account. IDENTIFICATION NUMBER: To further protect against fraud, Acxsys asks you to provide one piece of identification. At this time, Acxsys will accept a Canadian social insurance number or a credit card number. If you provide a credit card number, Acxsys also asks you to provide your billing information. This information is kept in the strictest of confidence and is used solely to verify your personal information. Acxsys will not bill your credit card. Acxsys uses your identification number only for verification purposes as described in this section under the heading: Information from Third Parties. TRANSACTION INFORMATION: Acxsys tracks each Interac e-Transfer sent or received through its network. This information includes the payment amount, expiry date of the Interac e-Transfer, name of the originating financial institution, current payment status and status history of the payment. For the Sender, Acxsys records a name, email address and, if provided, a telephone number. For the Recipient, Acxsys records a name and either an email address or a telephone number, or both an email address and a telephone number (if both are provided). Acxsys also records all messages associated with the transfer. INFORMATION FROM THIRD PARTIES: To protect all users against potential fraud, we use third parties to verify the information you provide. In the course of this verification, we receive personally identifiable information about you from such services. In particular, if you provide credit card information, we will use authorization and fraud screening services of third parties to verify that your card information and address match the information that you supplied to Acxsys and confirm that the card has not been reported lost or stolen. INFORMATION AUTOMATICALLY COLLECTED: Like many Web Sites, the Interac e-Transfer site automatically collects non-identifiable information regarding Internet visitors, such as the Internet Protocol (IP) address of your Web enabled device, the IP address of your Internet Service Provider, the date and time you access the Interac e-Transfer site, the Internet address of the Web Site from which you linked directly to the Interac e-Transfer site, the operating system your Web enabled device is using, the sections of the Interac e-Transfer site that you visit, the Web Site pages read, and images viewed, and the content you download from the Web Site. Acxsys uses this non-identifiable information for Internet and system administration purposes, to prevent and investigate fraud and to optimize user experience. Acxsys may disclose this non-identifiable information to others, including to companies located outside of Canada that have been contracted to perform certain functions relating to fraud prevention or investigation on our behalf and as result of this IP addresses and certain device information may be used, stored or accessed in other countries and may be subject to the laws of those countries, and permanently archive it for future use. We also use Google Analytics, specifically the Demographics and Interest Reporting component of Google Analytics as well as the DoubleClick Campaign Manager, together known as Google Analytics for Display Advertisers. These features are used to derive non-personally identifiable information relating to user level tracking. As a result of these features, you are subject to Google Analytics’ data collection and privacy policy, which is located at http://www.google.com/policies/privacy/partners/. Users who do not wish to have information collected through Google Analytics can opt-out by deleting the cookies in their browser, configuring their browser settings to block the use of cookies, or by installing the Google Analytics Opt-Out Browser Add-on available at https://tools.google.com/dlpage/gaoptout/. COOKIES The Interac e-Transfer site uses “cookies”, a technology that installs information on an Internet visitor’s Web enabled device to permit Acxsys to recognize future visits from a user using the same Web enabled device. Cookies enhance the convenience and use of the Interac e-Transfer site. You may choose to decline cookies if your browser permits, but doing so may reduce your ability to use certain features of the Interac e-Transfer site. 1.3 How to Access Your Information If you wish to update the personal information that you have provided to us, select the “My Profile” feature within the Web Site. You may view your transaction history by selecting “View Payment History”. For any other requests to access your information, please email our Privacy Officer at privacy@interac.ca. 1.4 Acxsys’ Use of Your Personal Information Acxsys may use your personal information to contact and correspond with you, to respond to your inquiries, to determine whether to grant access to certain special features of the Interac e-Transfer site and to comply with legal requirements. Acxsys may also use information you provide to assemble statistical reporting for our participating financial institutions. Acxsys may use your information to conduct market research respecting the Interac e-Transfer service. Acxsys may use your information to compile statistical analysis of the behaviour of customers or groups of customers. 1.5 Retention of Your Information In order to comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Acxsys will keep a record of the information that you provide to us. We will maintain your transaction history and information provided to us by third parties. As always, once archived, your personal information is kept secure. It will only be released when required or allowed by law, for example in the case of an investigation or dispute. 1.6 Disclosure of Your Personal Information Acxsys will not sell or rent any of your personally identifiable information to third parties. Acxsys will not share any of your personally identifiable information with third parties, except in the limited circumstances described above and/or below or with your express permission. Any third parties to whom we provide any of your personally identifiable information are limited by law or by contract from using that information for any purposes beyond the purposes for which the information is shared. Acxsys may disclose your personal information in the following circumstances: INTERNAL USES: We use the information we collect about you in order to provide our services, process your transactions, and to provide customer service. DISCLOSURE TO OUR AGENTS AND PARTNERS: Acxsys offers payment services only in association with its participating financial institutions. Agents and customer service representatives at these financial institutions have access to certain Acxsys stored information. In response to customer inquiries, they can trace payments, view a customer’s transaction history and access payment details. They cannot, however, access any memos attached to an Interac e-Transfer. Payment memos are considered private communication between the Sender and Recipient and will not be disclosed to agents of Acxsys or its partners. We disclose information that we, in good faith, believe is appropriate in investigations of fraud or other illegal activity or to conduct investigations of violations of our Terms of Use). We also exchange certain information with these financial institutions to allow each of us to establish whether any particular transaction, or series of transactions, needs to be reported to FINTRAC pursuant to the Proceeds of Crime (Money Laundering) and Anti-Terrorist Financing Act. DISCLOSURE IN BUSINESS TRANSFERS: Acxsys may be involved in the sale, transfer or reorganization of some or all of its business at some time in the future. As part of that sale, transfer or reorganization, Acxsys may disclose your personal information to the acquiring organization, but will take all reasonable measures to ensure that the acquiring organization agrees to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy. WHEN REQUIRED TO BY LAW: Acxsys may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Acxsys has reasonable grounds to believe the information could be useful in the investigation of unlawful activity or to comply with a subpoena or warrant or an order made by a court, person or any other body with jurisdiction to compel the provision of information. Acxsys may also disclose your personal information in order to comply with court rules regarding the provision of records and information, to Acxsys’ legal counsel, or as otherwise permitted or required by law. CONTACTING OUR CUSTOMERS: We communicate with customers on a regular basis by electronic means to provide requested services, and we also communicate by telephone to resolve customer complaints or investigate suspicious transactions. We use your email address and/or telephone number to send you notice of transfers that you receive through the Interac e-Transfer service, and to send notices and other disclosures required by law. We also use your contact information to enable the market research company we use to contact you, to send information about important changes to our products and services. 1.7 Contacting Us If you have any questions relating to the information we collect, how we use it, or why we collect it, please contact our Privacy Officer by email at privacy@interac.ca, call us at 1-888-238-6433 or write to us at: Acxsys Corporation Royal Bank Plaza, North Tower, P.O. Box 45 200 Bay Street, Suite 2400 Toronto, Ontario M5J 2J1 Canada Copyright (c) 2015, Acxsys Corporation. All rights reserved. Except as permitted by law, no part of this document may be reproduced or transmitted by any process or means without prior written consent of Acxsys Corporation. Acxsys Corporation, by publishing this document, does not guarantee that any information contained herein is and will remain accurate or that use of the information will ensure correct and faultless operation of the relevant service or equipment. Acxsys Corporation, its agents and employees shall not be held liable to or through any user for any loss or damage whatsoever resulting from reliance on the information contained herein. Published by Acxsys Corporation, Royal Bank Plaza, North Tower, P.O. Box 45, 200 Bay Street, Suite 2400, Toronto, Ontario M5J 2J1 https://www.interac.ca/en/interac-e-transfer-consumer ®,™: Trade-mark of Interac Inc. Used under license. Interac e-Transfer Terms of Use Last updated: August 7th, 2021 1.1 Introduction Interac Corp., (“Interac”), is the provider of the Interac e-Transfer® service (previously Interac® Email Money Transfer offered by Interac’s predecessor, Acxsys Corporation), including Interac e-Transfer® Bulk, Interac e-Transfer® for Business, Request Money and Autodeposit (collectively, the “Interac e-Transfer service”). If you have received an email or text message from the Interac e-Transfer service, it is because (i) you are the sender of an Interac e-Transfer transaction or a request to send an Interac e-Transfer transaction (“Request Money”) via your participating financial institution; (ii) you are the recipient of an Interace-Transfer transaction and the sender has provided us with your name and contact information via their participating financial institution; (iii) you are the recipient of a Request Money and the sender has provided us with your name and contact information via their participating financial institution; or (iv) you have registered for the automatic deposit feature of the Interac e-Transfer service (“Autodeposit”). If you have an account at one of Interac e-Transfer’s participating financial institutions, you can choose to receive or make a payment through that institution’s online banking service. By using the Interac e-Transfer service, including by accessing any of Interac’s websites (including but not limited to www.interac.ca) or the Interac e-Transfer gateway page (collectively, the “Sites”), you are agreeing to these terms and conditions as more fully set out in section 1.5. If you do not agree with all of these terms and conditions, please contact the sender of Interac e-Transfer funds or the requester of Interac e-Transfer funds to arrange another method of payment. 1.2 Definitions: When we use the words “we” or “us” or “Interac” in these terms and conditions, we mean Interac, its directors, officers, employees, agents, contractors, subcontractors and suppliers, as applicable. 1.3 The Interac e-Transfer Service: The Interac e-Transfer service is a payment service that lets one person or business make or receive a payment to or from another electronically. See how it works by visiting https://www.interac.ca/en/interac-e-transfer-consumer. Interac only facilitates Interac e-Transfer transactions. Interac is not a financial institution and is not subject to banking regulations. For banking services, you should contact one of the Interac e-Transfer participating financial institutions. 1.4 Privacy: Interac may be required to collect limited personal information about you in order to complete Interac e-Transfer transactions. The collection and use of that information is subject to our Privacy Notice, available here, and which may be updated from time to time. Please review our Privacy Notice carefully for a full description of the information we collect, why we need it, how we use it, and how we protect it. Any references in our Privacy Notice to Acxsys Corporation also include Interac, Acxsys Corporation’s legal successor. Acceptance of our Privacy Notice is deemed when Interac e-Transfer services are used. 1.5 Agreement to Terms and Conditions: By accessing the Interac e-Transfer gateway page or by otherwise using the Interac e-Transfer service, you are agreeing (a) to these terms and conditions, (b) that you have read and understood them, and (c) that you are bound by them and will comply with them. You are also agreeing to your financial institution’s terms and conditions when you access your financial institution’s website to deposit, send payments, use Request Money or register for Autodeposit via the Interac e-Transfer service. Interac may make changes to these terms and conditions at any time. Any changes we make will be effective immediately once posted on the Sites and you are bound by the terms and conditions in effect at the time that you access the Sites. A copy of the terms and conditions are available on the Sites, and you may review them at any time. We encourage you to print a copy of these terms and conditions and any updates for your own files. 1.6 Use of the Interac e-Transfer Service: a) You may only use the Interac e-Transfer service to send your own funds and to collect funds that are intended for you in accordance with your financial institution’s terms and conditions. You may not use the service to collect transactions where you are not the intended recipient. b) You may only use the Interac e-Transfer service to send your own funds or deposit funds to your own account in accordance with your financial institution’s terms and conditions. You may not use the service to deposit transactions to a bank account for which you are not the account holder or an account for which you are not a legal signatory. You may not use the service to deposit transactions on behalf of a third party. You may not use the service to send funds from another person’s account. c) When an Interac e-Transfer transaction is sent to you, the sending financial institution will hold the funds for you until you either deposit the transferred funds, the Interac e-Transfer transaction is cancelled, or the Interac e-Transfer transaction expires. You will not earn interest on the funds during the time that the funds are held in a clearing account at one of our participating financial institutions. d) Once our records show that you have deposited an Interac e-Transfer transaction, the Interac e-Transfer transaction will be final. e) Until you have attempted to deposit the Interac e-Transfer transaction or the transaction has been automatically deposited, the sender may cancel the Interac e-Transfer transaction and you will no longer have a right to collect the Interac e-Transfer transaction. Interac may also decline to process or complete the Interac e-Transfer transaction because: you have supplied incorrect information; you cannot answer the sender’s question; your personal or business information cannot be verified; Interac or a participating financial institution suspects that you, or any other party to the transaction is involved in illegal or wrongful activity; or the Interac e-Transfer transaction exceeds a transaction limit. If the Interac e-Transfer transaction cannot be completed, we will automatically notify the sender that it must be cancelled. If the Interac e-Transfer transaction is cancelled for any of the above reasons, your sole remedy for non-payment is against the sender and you will have no claim against Interac. f) In order to process Interac e-Transfer transactions and verify your personal information, you authorize us to disclose any personal information provided to us by you or on your behalf to the applicable participating financial institution and to other carefully selected third parties who may check the accuracy of such personal information and may provide verification of such personal information based on information they have previously collected about you. g) You agree that you will not (i) use any robot, spider, offline reader, site search application, site retrieval application or other device, tool, or process (whether manual or automatic) to: access the Interac e-Transfer service or the Sites; retrieve any Interac e-Transfer transactions; or retrieve, index or data mine the Interac e-Transfer service the Sites; or in any way reproduce or circumvent the navigational structure or presentation of the Interac e-Transfer service or the Sites or their respective contents, including with respect to any CAPTCHA displayed, unless expressly authorized by us in writing and you agree that we may revoke any such authorization at any time; (ii) use any automated software or computer system to search for, retrieve, process or otherwise allocate Interac e-Transfer transactions unless expressly authorized by us in writing, and you agree that we may revoke any such authorization at any time; (iii) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (iv) use the Interac e-Transfer service or the Sites, alone or in conjunction with any device, program or service, in an attempt to circumvent any technological measure that effectively controls access to, or the rights in, the Interac e-Transfer service, the Sites or any Interac e-Transfer transaction in any way including, without limitation, by manual or automatic device or process, for any purpose whatsoever; (v) use, permit the use of, or advocate, promote, assist or facilitate the use of the Interac e-Transfer service or the Sites in a manner that is, in whole or in part: (A) criminal in nature, gives rise to civil liability or otherwise violates applicable law; or (B) harassing, hateful, illegal, profane, obscene, defamatory, threatening, injurious, discriminatory or that promotes or encourages inappropriate activity. 1.7 Disclaimers: a) System malfunction: Interac provides the Interac e-Transfer service and the Sites “as is” and “as available”. Interac does not guarantee that the Interac e-Transfer service or the Sites will always be error-free or that the Interac e-Transfer service or the Sites will always function without disruptions, delays or imperfections. Interac is not responsible for the actions or information of third parties, and you release Interac from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Further, and without limiting the limitation of liability set out in section 1.14, Interac is not responsible or liable for any loss resulting from causes outside its direct control, such as failure of electronic or mechanical equipment or communication lines, electronic viruses or malware, unauthorized access to our systems, theft, operator error, severe weather, natural disasters, strikes or other labour problems, wars, disease, epidemic, governmental restrictions, or for any loss of information caused by disruptions in or malfunctions of service. b) Exclusion of Warranties: You expressly understand and agree that Interac provides an intermediary service only. Interac’s only obligation is to carry out the Interac e-Transfer payment instructions by inviting you to collect or send an Interac e-Transfer transaction through the Interac e-Transfer service. To the fullest extent permitted by applicable law, Interac expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise, with respect to the services we render and with respect to the transactions between you and other parties, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. You assume all liability and risk arising from your acceptance or creation of Interac e-Transfer transactions through Interac or otherwise, including any liability or risk that an Interac e-Transfer transaction was improperly sent to or requested from you, that you may be required to return the Interac e-Transfer transaction or associated funds for any reason, that the Interac e-Transfer transaction was illegal, or that you may legally be required to turn the Interac e-Transfer transaction or any associated funds over to another person for any reason. You agree that Interac is not liable or responsible for any losses or damages suffered by you because of Interac e-Transfer transactions accepted by you. 1.8 Eligibility and Your Responsibilities: a) Eligibility: To use the Interac e-Transfer service, you must have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut and Yukon). If you are under the age of majority, you must have your parent’s permission to use the Interac e-Transfer service. Please ask your parent or legal guardian to read these terms and conditions with you. If you are a parent or legal guardian, and you allow your child to use the Interac e-Transfer service, then these terms and conditions apply to you and you are responsible for your child’s Interac e-Transfer transactions. You must possess an account with one of Interac e-Transfer’s participating financial institutions. The first time you use the Interac e-Transfer service to receive or respond to an Interac e-Transfer transaction, your financial institution may register you with Interac by providing certain identifying information about you. You may also have to answer a question created by a sender before you can deposit any funds. b) Information: You must provide true, accurate and complete information in all of your communications with Interac. You agree not to impersonate any person or use a name you are not authorized to use. If any information you provide to us changes, you agree to notify Interac (and you authorize your financial institution to notify Interac) prior to depositing subsequent payments. You agree that we are entitled to rely on the information you or your financial institution provide us, including as to your deposit account, address, email address, telephone number or identity, and that any loss suffered because this information is inaccurate or incomplete will be borne by you alone and not by Interac. If any information you give, or that is given on your behalf, is untrue, inaccurate, outdated or incomplete, Interac has, among other remedies, the right to disable or terminate your registration immediately, block you from being registered again and block you from otherwise using the Interac e-Transfer service. In addition, Interac can recover from you any costs or losses incurred by it because of its use of untrue, inaccurate, outdated or incomplete information. c) Use of the Interac e-Transfer Service: You agree to use the Interac e-Transfer service and the Sites only for lawful purposes. You will not use the Interac e-Transfer service or the Sites in violation of any applicable laws or regulations. You agree that Interac has the right, in its sole discretion, to disable your profile or refuse to process any transactions with you. As described more fully in the Privacy Notice, Interac may also report suspicious activity to the appropriate authorities, the participating financial institutions and other third parties. You agree that Interac will not be liable to you or held responsible for such termination or refusal of service or for reporting suspicious activity to the appropriate authorities, participating financial institutions or other third parties. d) Intellectual Property: All content on the Sites (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans and internet domain names), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, service marks, patents, or other proprietary rights and laws (the “Intellectual Property”). Interac or its licensors shall retain all rights, title, ownership and interests in the Sites’ content and any Intellectual Property rights therein. Except as expressly provided, nothing in these terms or within the Sites shall be construed as granting any license under any of the Intellectual Property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Sites’ content or Intellectual Property appearing on the Sites without the prior written consent of Interac or any third party owner of the Sites’ content or Intellectual Property. We will take the appropriate legal action necessary to enforce our rights respecting any prohibited use of any Site content or Intellectual Property appearing on the Sites. You acknowledge that the names Interac Corp., Interac e-Transfer, Interac e-Transfer for Business and Interac e-Transfer Bulk, and all Interac trademarks, logos and service marks, and contents of the Interac e-Transfer gateway page and Interac’s website are the property of Interac, protected under copyright, trademark and other laws. You may not sell, copy or modify any of the contents of the Sites or otherwise use them for any public or commercial purpose. By using the Sites, you acknowledge that the unauthorized use of the materials contained on the Sites may cause irreparable harm to Interac and that in the event of any unauthorized use, Interac shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Interac. e) Indemnification: To the greatest extent permitted by law, you shall indemnify, defend and hold Interac and its directors, officers, employees, agents, contractors, subcontractors and suppliers harmless for any claims, liability and expenses of any kind (including reasonable legal fees and costs) arising out of your breach of these terms and conditions, wrongful activity, illegal act or your use of the Interac e-Transfer service, the Sites, their respective contents, or any other material or information provided to you by or on behalf of Interac. Interac reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. 1.9 Electronic Communications: You agree that these terms and conditions constitute a binding contract between you and Interac with respect to accessing the Interac e-Transfer service and the Sites. You agree that the following may be provided to you by electronic means, including by posting the relevant information on the Sites: notice of amendments to the terms and conditions; records of payments received or declined through Interac, including confirmations of individual transactions; disclosures or notices required to be provided by law; and customer service communications, including any communications with respect to claims or complaints initiated by you. We are entitled to rely on the contact information (including the email address) provided to us by you or on your behalf, and any electronic communication sent to you will be deemed to have been received by you no later than five business days after Interac sends it to you whether or not you actually receive or retrieve the communication. You should print a paper copy of these terms and conditions and any electronic communications from Interac for your records. 1.10 Passwords: Before depositing funds, you may be asked to answer a question asked by the sender to assist in protecting the funds. Neither you nor the other party to the Interac e-Transfer transaction should reveal the answer to anyone and you must not answer a question related to an Interac e-Transfer transaction that is not directed to you. Interac is not responsible for any losses incurred as a result of someone else receiving an Interac e-Transfer transaction intended for you or sent by you, answering the question the sender posed or depositing the associated funds. 1.11 Sending and Receiving Transaction Limits: Interac has the right to impose limits on the value of any transaction and the cumulative value or number of transactions during a specified period of time. You agree that Interac will not be liable if it refuses to make a payment to you that would exceed any limits established by it for security reasons. 1.12 Records of Transactions: A confirmation will be sent by electronic communication to you and/or the other party to the Interac e-Transfer transaction when, according to Interac’s records, an Interac e-Transfer transaction has been initiated to or declined by you; when an Interac e-Transfer transaction has been processed; when the funds have been sent back to the financial institution of the sender; when you make or receive a Request Money; or when you register for Autodeposit. However, you may not receive any transaction confirmations from Interac if the sender of an Interac e-Transfer transaction has opted to not have Interac send confirmations; in these instances, you may only receive notifications from your financial institution. You should print or otherwise retain a copy of these communications for your own files. Interac does not guarantee the accuracy of transaction records, may not be able to reproduce such records at a later date and will not be liable for any losses caused by your failure to retain such records or your reliance on such records. If you think a confirmation or transaction record is incorrect, you must contact Interac no later than 30 (thirty) calendar days after a transaction confirmation has been sent to you; otherwise the confirmation will be deemed to be correct. Any dispute relating to records of transactions from the Interac e-Transfer service will be resolved as set out in section 1.20. 1.13 Funds Delivery Time: You acknowledge that there are a number of factors outside of the control of Interac that affect the timing of when funds are transferred to your account, such as internal rules of your financial institution regarding the transfer of funds. We make no representations or warranties regarding the timing of any deposit of funds into your account. You agree that Interac is not be liable for any actions taken or which are not taken by third parties including by your financial institution in relation to the timing of delivery of funds, whether or not the timing was in the control of Interac, and that Interac is not liable for any direct, indirect or consequential damages relating to the same. 1.14 Limitation of Liability: In no event will Interac, its directors, officers, employees, agents, contractors, subcontractors and suppliers be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special or consequential damages of any type other than out of pocket expenses, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with your use of the Interac e-Transfer service, sending, receiving or failing to receive an Interac e-Transfer transaction, your use of the Sites, or any product or service purchased or sold using any service provided by Interac, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. Without limiting the generality of the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any act or omission of another user of the Interac e-Transfer service or the Sites; (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your use of the Interac e-Transfer service or your access to or use of the Sites or any of our other services or those of our affiliates; (c) any unauthorized access to or use of Interac’s secure servers or any and all personal information or financial information stored on such servers; (d) any worms, bugs, viruses, trojan horses, date bombs, defects, time bombs or other items of a destructive nature which may be transmitted to or using the Sites or any of Interac’s services; or (e) any errors, mistakes, inaccuracies or omissions in any content. Your sole and exclusive remedy for dissatisfaction with the Interac e-Transfer service is to stop using the service. The limitations in this section will apply even if any limited remedy fails of its essential purpose. Interac’s liability will be limited under this paragraph and these terms and conditions to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply only to the extent applicable law permits the recovery of damages, attorneys’ fees or costs that would otherwise be prohibited by the limitations in this section. 1.15 Termination: Interac has the right, in its sole discretion, to terminate your ability to access the Interac e-Transfer service or the Sites or use any other services provided by Interac or its affiliates. 1.16 Severability: If any provision of these terms and conditions is found to be invalid, the invalidity of that provision will not affect the validity of the rest of these terms and conditions, which will remain in full force and effect. 1.17 Waiver: Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision. 1.18 Entire Agreement: These terms and conditions, including the Privacy Notice, constitute the entire agreement between you and us with respect to the Interac e-Transfer service, and supersede and replace any prior agreements we may have had between us regarding the Interac e-Transfer service and your use of the Sites, including but not limited to any prior versions of these terms and conditions. 1.19 Assignment: These terms and conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. 1.20 Jurisdiction: The Interac e-Transfer service is maintained in the Province of Ontario, Canada. It can, however, be accessed from places around the world. Although these places may have different laws from Ontario, by using the Interac e-Transfer service, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of the Interac e-Transfer service, without regard to rules relating to conflict of laws. Interac makes no claims that anything on this site may be lawfully viewed or downloaded outside of Canada. Access to materials on the Sites may not be legal by certain persons or in certain countries. If you access the service from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute relating to these terms and conditions or the Interac e-Transfer service will be resolved as set out in section 1.20. The Sites may contain links to third party websites. These links are provided solely as a convenience to you and do not imply any endorsement by Interac. Interac is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. 1.22 Complaints or Disputes: If you need more information or you believe that a confirmation or transaction record is incorrect, contact Interac Corp., by email to etransfer_support@interac.ca, or in writing to: Complaints and Disputes – Interac e-Transfer Interac Corp. Royal Bank Plaza, North Tower, P.O. Box 45 200 Bay Street, Suite 2400 Toronto, Ontario M5J 2J1 Canada Any dispute or complaint must be submitted to Interac within 30 calendar days of receiving the confirmation that you believe is incorrect. If you contact Interac by telephone, you must confirm your dispute or complaint by email or in writing within ten business days. Interac will investigate any written dispute or complaint and advise you of its decision on your complaint or dispute in writing within 60 days. Any dispute arising out of or in any way connected with these terms and conditions or the Interac e-Transfer service will be determined by arbitration pursuant to the provisions of the Arbitrations Act, 1991 (Ontario) as they may be amended from time to time. Arbitration may be initiated upon either party giving 5 business days’ written notice to the other. The arbitration shall be by a single arbitrator to be appointed by agreement of the parties. If the parties fail to agree on the selection of an arbitrator, then, within 15 business days of written notice, either party may apply to the ADR Institute of Canada, Inc. for a list of arbitrators pursuant to Article 10 of their Rules of Procedure for Commercial Arbitration. The parties shall then select an arbitrator from that list according to those rules. All costs and expenses of arbitration shall be borne by the parties equally, unless the arbitrator in his or her sole discretion otherwise directs. The parties further agree that any arbitration shall take place in the City of Toronto, in the Province of Ontario, Canada. Interac Corp., by publishing this document, does not guarantee that any information contained herein is and will remain accurate or that use of the information will ensure correct and faultless operation of the relevant service or equipment. Interac Corp., its agents and employees shall not be held liable to or through any user for any loss or damage whatsoever resulting from reliance on the information contained herein. Personal Information Access Request Managing your personal information access request If you think that your personal information has been improperly collected, used, or disclosed by Interac, or if you have a request or concern with respect to your personal information in our records, you may contact us and voice your concern in writing to our Privacy Office through the following channels. - By email at: privacy@interac.ca - By mail at Interac Corp., Royal Bank Plaza, North Tower, P.O. Box 45, 200 Bay Street, Suite 2400, Toronto ON M5J 2J1 (Attention: Privacy Office) Be sure to include enough information for us to identify you in our records (e.g. full name, account numbers, address) and to contact you. It would also be useful for you to include the following information. - Explain the reason why you are contacting us. - Provide details about your concern or request and the specific issue. Briefly explain what occurred and, if applicable, what impact it has had on you. - If appropriate, state the specific action you would like us to take. If you require help preparing your request, please feel free to reach out to us for assistance. We take your request to access personal information seriously We will acknowledge receipt of your communication in a timely manner. We may also contact you to collect or clarify relevant information with respect to your concern or request. We will respond to your request in writing within thirty (30) calendar days of our receipt of your original correspondence (unless, under specific circumstances, we require an extension of that time limit). If you are not satisfied with our resolution of your personal information access request or concern, you can contact the Office of the Privacy Commissioner of Canada directly for additional information. Interac™ Sound of Spending Terms of Use Welcome to Sound of Spending The following Interac Sound of Spending Terms of Use (“Terms of Use”)govern your use of Interac’s Sound of Spending webpage accessible at [include web address] (“Sound of Spending”) at https://www.interac.ca/en/sound-of-spending/. These Terms of Use are a binding agreement between you and Interac Corp. (“Interac”). By using Sound of Spending, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use Sound of Spending. Any new content, functionality or services which are added to Sound of Spending will also be subject to these Terms of Use. We reserve the right to modify or amend these Terms of Use. Such alterations, amendments or supplements shall be effective immediately upon notice thereof. Any use of Sound of Spending after such notice shall constitute acceptance of any such alterations, amendments or supplements. If any alterations, amendments or supplements made to these Terms of Use are unacceptable to you, you must immediately terminate use of Sound of Spending by exiting from its webpage. About Sound of Spending; Further Definitions Sound of Spending is an interactive, musically themed and mobile-optimized webpage that contains a “National Track” feature and “Personal Track” feature. These features transform spending data into music. The National Track feature (“National Track”)allows users to play an original song based on Canadian spending information derived from Interac’s debit transaction data. The “Personal Track” feature (“Personal Track”) allows users to generate a song of up to one minute based on their personal monthly spending amounts as inputted using sliders or manual entry. Users can download the National Track and Personal Tracks, as well as share the tracks on Twitter, Linkedin and Facebook. We encourage users to tag their posts with the hashtag #SoundofSpending. Sound of Spending is in no way sponsored, endorsed or administered by, or associated with, any social media platforms. Social medial platforms are not associated or connected with any part of Sound of Spending in any manner whatsoever, and are not liable in any way whatsoever in regarding to any matter relating to Sound of Spending. Any questions, comments or complaints regarding Sound of Spending must be directed to Interac. You”, “your” and “yourself” shall mean each person who uses Sound of Spending. “We”, “us”, or “ours” shall mean and include Interac, its affiliates and its and their directors, officers, employees, contractors, and subcontractors. “Tracks” shall mean the National Track and any Personal Tracks. Representations and Warranties You represent and warrant that you: (a) have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read these Terms of Use. If you are under the age of majority, you must have your parent or legal guardian’s permission to use Sound of Spending. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use Sound of Spending, then these Terms of Use apply to you and you are responsible for your child’s activities on Sound of Spending. Intellectual Property and Limited License All content on Sound of Spending (including, without limitation, the Tracks, the Marks (as defined below), the design, text, html code, multimedia clips, graphics, icons, java code, and audio and visual materials), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”). Subject to these Terms of Use, we hereby grant you a limited, non-exclusive and non-transferable license to: (a) access, view and use Sound of Spending; (b) play and download the National Track and share the National Track on your social media platforms; and (c) produce, play and download Personal Track(s) and share any such Personal Track(s) on your social media platforms as applicable and as permitted; all for your personal, non-commercial use in Canada only (the “Limited License”). Except as expressly provided, nothing in these Terms of Use or within Sound of Spending shall be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. Other than the Limited License, you are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of Sound of Spending’s content or Intellectual Property appearing on Sound of Spending without our prior written consent or any third party owner of Sound of Spending’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of Sound of Spending or Intellectual Property appearing in or on Sound of Spending. By creating and sharing Personal Tracks on any applicable and permitted social media platforms, you grant to Interac a perpetual, irrevocable, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Tracks world-wide for the purposes of promoting Interac’s products and services, as well as Interac’s image, without providing compensation to you or any other person, without liability whatsoever, and free from any obligation of confidence or other duties on the part of Interac or its assigns, on the Internet (including but not limited to Interac’s social media, websites, mobile applications, email, any websites for hosting and sharing user generated content, and social networks), intranet and in any form, media or technology. You irrevocably waive all moral rights or other rights of authorship as a condition to creating any Personal Tracks. You acknowledge and agree that Interac has no obligation to use the Personal Tracks or their derivatives, and that Interac may decide at any time in its sole discretion to stop using same. Certain words, phrases, names, designs or logos used on the Sound of Spending (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include, without limitation, “Interac”, the Interac logos and the Sound of Spending logo and work mark. Agreed Usage You shall not, and you shall not permit others to: (a) copy Sound of Spending or use Sound of Spending for any purpose other than as permitted under the Limited License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of Sound of Spending or the Tracks; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Sound of Spending or any part thereof; (d) remove, delete, alter or obscure any Intellectual Property, Marks or proprietary rights notices from Sound of Spending; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Sound of Spending or any features or functionality of Sound of Spending, to any third party for any reason; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Sound of Spending; or (g) disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining software or any other malicious or invasive code or program; or (h) use Sound of Spending in, or in association with, any illegal activity or purpose. When sharing the Tracks on your social media platforms, you shall comply with the relevant platform’s terms of use. Sharing of Tracks You agree that when sharing the Tracks on your social media platforms as applicable and as permitted, such posts shall not be accompanied by content or commentary that: (a) is considered a criminal offense or that would give rise to civil liability or would otherwise violate the law; (b) is harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity; (c) ignite online arguments; (d) is prejudicial to the image of Interac or that may bring disrepute on Interac in Interac’s sole discretion; or (e) violates applicable laws (including but not limited to privacy laws, marketing and advertising laws, and anti-spam legislation). You shall be solely responsible for the consequences of sharing the Tracks on your social media. We may contact you to ask for your consent if we wish to share your posts containing Tracks on our Interac’s social media. Privacy Sound of Spending does not collect any personal information. However, Sound of Spending may automatically collect and store certain information, including IP addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), and other website usage information. We collect this non-identifiable information via cookies, web beacons and other similar tracking technologies to improve the utility, security, content, and user experience of Sound of Spending. General Disclaimer WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE FEATURES AND INFORMATION CONTAINED HEREIN (INCLUDING SPENDING DATA AND ANY OTHER TEXT, GRAPHICS, MATERIALS, LINKS EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN SOUND OF SPENDING). WE CANNOT AND DO NOT GUARANTEE THAT THE TRACKS WILL BE SHAREABLE ON YOUR SOCIAL MEDIA PLATFORM OF CHOICE. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH SOUND OF SPENDING ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUIET ENJOYMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF SOUND OF SPENDING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT SOUND OF SPENDING WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY THERETO. USE OF SOUND OF SPENDING IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF SOUND OF SPENDING OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING. NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR PART OF SOUND OF SPENDING OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity You agree to indemnify, defend and hold Interac harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your breach of these Terms of Use; and (b) your sharing of the Tracks on your social media platforms, except to the extent that any claims, damages, losses or liabilities arise from Interac’s breach of these Terms of Use, or Interac’s negligence or wilful misconduct. Termination Interac may, in its sole discretion, cancel or terminate your right to use Sound of Spending or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access Sound of Spending. The restrictions imposed on you pursuant to the paragraph above entitled “Intellectual Property and Limited License” and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive termination of your right to use Sound of Spending or any part thereof. We shall not be liable to any party for such termination. Use Prohibited Where Contrary to Law Use of Sound of Spending is unauthorized in any jurisdiction where Sound of Spending or any of its content may violate any laws or regulations. You agree not to access or use Sound of Spending in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk. Modifications Interac reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Sound of Spending (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of Sound of Spending or any part thereof. Governing Law These Terms of Use shall be governed by and construed under and pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario. Entire Agreement These Terms of Use constitute the entire agreement between you and us with respect to Sound of Spending and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Sound of Spending. Waiver and Severability Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain and continue in full force and effect. You acknowledge that Sound of Spending software contains our valuable trade secrets and proprietary information, that any actual or threatened breach of these Terms of Use will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Assignment These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. Contact/Notices If you have any questions about these Terms of Use, or need to provide notice to, or communicate with, us, please email Welcome to Sound of Spending The following Interac Sound of Spending Terms of Use (“Terms of Use”)govern your use of Interac’s Sound of Spending webpage accessible at [include web address] (“Sound of Spending”) at [link]. These Terms of Use are a binding agreement between you and Interac Corp. (“Interac”). By using Sound of Spending, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use Sound of Spending. Any new content, functionality or services which are added to Sound of Spending will also be subject to these Terms of Use. We reserve the right to modify or amend these Terms of Use. Such alterations, amendments or supplements shall be effective immediately upon notice thereof. Any use of Sound of Spending after such notice shall constitute acceptance of any such alterations, amendments or supplements. If any alterations, amendments or supplements made to these Terms of Use are unacceptable to you, you must immediately terminate use of Sound of Spending by exiting from its webpage. About Sound of Spending; Further Definitions Sound of Spending is an interactive, musically themed and mobile-optimized webpage that contains a “National Track” feature and “Personal Track” feature. These features transform spending data into music. The National Track feature (“National Track”)allows users to play an original song based on Canadian spending information derived from Interac’s debit transaction data. The “Personal Track” feature (“Personal Track”) allows users to generate a song of up to one minute based on their personal monthly spending amounts as inputted using sliders or manual entry. Users can download the National Track and Personal Tracks, as well as share the tracks on Twitter, Linkedin and Facebook. We encourage users to tag their posts with the hashtag #SoundofSpending. Sound of Spending is in no way sponsored, endorsed or administered by, or associated with, any social media platforms. Social medial platforms are not associated or connected with any part of Sound of Spending in any manner whatsoever, and are not liable in any way whatsoever in regarding to any matter relating to Sound of Spending. Any questions, comments or complaints regarding Sound of Spending must be directed to Interac. You”, “your” and “yourself” shall mean each person who uses Sound of Spending. “We”, “us”, or “ours” shall mean and include Interac, its affiliates and its and their directors, officers, employees, contractors, and subcontractors. “Tracks” shall mean the National Track and any Personal Tracks. Representations and Warranties You represent and warrant that you: (a) have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read these Terms of Use. If you are under the age of majority, you must have your parent or legal guardian’s permission to use Sound of Spending. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use Sound of Spending, then these Terms of Use apply to you and you are responsible for your child’s activities on Sound of Spending. Intellectual Property and Limited License All content on Sound of Spending (including, without limitation, the Tracks, the Marks (as defined below), the design, text, html code, multimedia clips, graphics, icons, java code, and audio and visual materials), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”). Subject to these Terms of Use, we hereby grant you a limited, non-exclusive and non-transferable license to: (a) access, view and use Sound of Spending; (b) play and download the National Track and share the National Track on your social media platforms; and (c) produce, play and download Personal Track(s) and share any such Personal Track(s) on your social media platforms as applicable and as permitted; all for your personal, non-commercial use in Canada only (the “Limited License”). Except as expressly provided, nothing in these Terms of Use or within Sound of Spending shall be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. Other than the Limited License, you are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of Sound of Spending’s content or Intellectual Property appearing on Sound of Spending without our prior written consent or any third party owner of Sound of Spending’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of Sound of Spending or Intellectual Property appearing in or on Sound of Spending. By creating and sharing Personal Tracks on any applicable and permitted social media platforms, you grant to Interac a perpetual, irrevocable, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Tracks world-wide for the purposes of promoting Interac’s products and services, as well as Interac’s image, without providing compensation to you or any other person, without liability whatsoever, and free from any obligation of confidence or other duties on the part of Interac or its assigns, on the Internet (including but not limited to Interac’s social media, websites, mobile applications, email, any websites for hosting and sharing user generated content, and social networks), intranet and in any form, media or technology. You irrevocably waive all moral rights or other rights of authorship as a condition to creating any Personal Tracks. You acknowledge and agree that Interac has no obligation to use the Personal Tracks or their derivatives, and that Interac may decide at any time in its sole discretion to stop using same. Certain words, phrases, names, designs or logos used on the Sound of Spending (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include, without limitation, “Interac”, the Interac logos and the Sound of Spending logo and work mark. Agreed Usage You shall not, and you shall not permit others to: (a) copy Sound of Spending or use Sound of Spending for any purpose other than as permitted under the Limited License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of Sound of Spending or the Tracks; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Sound of Spending or any part thereof; (d) remove, delete, alter or obscure any Intellectual Property, Marks or proprietary rights notices from Sound of Spending; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Sound of Spending or any features or functionality of Sound of Spending, to any third party for any reason; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Sound of Spending; or (g) disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining software or any other malicious or invasive code or program; or (h) use Sound of Spending in, or in association with, any illegal activity or purpose. When sharing the Tracks on your social media platforms, you shall comply with the relevant platform’s terms of use. Sharing of Tracks You agree that when sharing the Tracks on your social media platforms as applicable and as permitted, such posts shall not be accompanied by content or commentary that: (a) is considered a criminal offense or that would give rise to civil liability or would otherwise violate the law; (b) is harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity; (c) ignite online arguments; (d) is prejudicial to the image of Interac or that may bring disrepute on Interac in Interac’s sole discretion; or (e) violates applicable laws (including but not limited to privacy laws, marketing and advertising laws, and anti-spam legislation). You shall be solely responsible for the consequences of sharing the Tracks on your social media. We may contact you to ask for your consent if we wish to share your posts containing Tracks on our Interac’s social media. Privacy Sound of Spending does not collect any personal information. However, Sound of Spending may automatically collect and store certain information, including IP addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), and other website usage information. We collect this non-identifiable information via cookies, web beacons and other similar tracking technologies to improve the utility, security, content, and user experience of Sound of Spending. General Disclaimer WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE FEATURES AND INFORMATION CONTAINED HEREIN (INCLUDING SPENDING DATA AND ANY OTHER TEXT, GRAPHICS, MATERIALS, LINKS EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN SOUND OF SPENDING). WE CANNOT AND DO NOT GUARANTEE THAT THE TRACKS WILL BE SHAREABLE ON YOUR SOCIAL MEDIA PLATFORM OF CHOICE. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH SOUND OF SPENDING ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUIET ENJOYMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF SOUND OF SPENDING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT SOUND OF SPENDING WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY THERETO. USE OF SOUND OF SPENDING IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF SOUND OF SPENDING OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING. NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR PART OF SOUND OF SPENDING OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity You agree to indemnify, defend and hold Interac harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your breach of these Terms of Use; and (b) your sharing of the Tracks on your social media platforms, except to the extent that any claims, damages, losses or liabilities arise from Interac’s breach of these Terms of Use, or Interac’s negligence or wilful misconduct. Termination Interac may, in its sole discretion, cancel or terminate your right to use Sound of Spending or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access Sound of Spending. The restrictions imposed on you pursuant to the paragraph above entitled “Intellectual Property and Limited License” and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive termination of your right to use Sound of Spending or any part thereof. We shall not be liable to any party for such termination. Use Prohibited Where Contrary to Law Use of Sound of Spending is unauthorized in any jurisdiction where Sound of Spending or any of its content may violate any laws or regulations. You agree not to access or use Sound of Spending in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk. Modifications Interac reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Sound of Spending (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of Sound of Spending or any part thereof. Governing Law These Terms of Use shall be governed by and construed under and pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario. Entire Agreement These Terms of Use constitute the entire agreement between you and us with respect to Sound of Spending and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Sound of Spending. Waiver and Severability Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain and continue in full force and effect. You acknowledge that Sound of Spending software contains our valuable trade secrets and proprietary information, that any actual or threatened breach of these Terms of Use will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Assignment These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. Contact/Notices If you have any questions about these Terms of Use, or need to provide notice to, or communicate with, us, please email socialmedia@interac.ca Interac sign-in service end user agreement PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE AGREEING TO USE THIS INTERAC SIGN-IN SERVICE (THE “SERVICE”). THE SERVICE ALLOWS YOU TO AUTHENTICATE YOUR CREDENTIALS (AS DEFINED BELOW) FOR USE AT THIS WEBSITE AND CERTAIN OTHER WEBSITES OPERATED BY THE GOVERNMENT OF CANADA. THIS AGREEMENT IS BETWEEN YOU AND 2859824 ONTARIO LIMITED, A SUBSIDIARY OF INTERAC CORP., WHO IS THE OPERATOR OF THE SERVICE, AND APPLIES TO YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICE. DEFINITIONS: - “Agreement” means this Interac sign-in service End User Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 11 hereof. - “Credential Service Provider” means the financial institution, or other service provider, that provides to you the Credentials you use to access the Service. - “Credentials” means the authentication credentials, such as username, password, and/or card number or other information, of your Credential Service Provider that you use in connection with the Service. - “Government Websites” means the websites operated by or on behalf of the Government of Canada with which the Service may be used. - “Interac”, “us”, “we” or “our” means 2859824 Ontario Limited, a subsidiary of Interac Corp. - “Interac System” means the Interac online authentication system used to operate the Service. The Interac System does not include the Third Party Offerings. - “Modification” has the meaning given to it in section 4 hereof. - “Personal Information” means all information about you, including without limitation, information such as your name, your email address, your home phone number, or your mailing address or any other information that can be used to identify you. - “Released Parties” means Interac, the Government of Canada, the financial institutions and other Credential Service Providers with which you use the Service, and, as applicable, their respective parent companies, affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents. - “Service” has the meaning provided in the initial paragraph above. For clarity, the Service consists solely of the service of facilitating the use of your Credentials to provide access to certain Government Websites, including the authentication of your Credentials for this purpose by your Credential Service Provider, and does not include any other services, whether provided by us, by the Government of Canada, by the Credential Service Provider or by other Third Party Offerings. In particular, the Service does not include any services provided to you by the Government Websites you access using the Service, or any other service, including financial or banking services provided to you by your Credential Service Provider. - “Third Party Offerings” has the meaning given to it in section 6 hereof. - “You” or “Your” means the person who wishes to use the Service and has Credentials with a Credential Service Provider. CLAUSES The Service The Service is provided by Interac. The Service allows you to authenticate your credentials at certain Government Websites by using your Credentials. For the purposes of this Agreement, unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement. Your Responsibility for use of Your Credentials You are responsible for any use of the Service made with your Credentials. You should safeguard your Credentials and should not allow any other person to use them. If you suspect unauthorized access to your Credentials, you should immediately notify your Credential Service Provider. This Section shall survive the termination or expiration of this Agreement for any reason. Personal Information Interac does not collect any Personal Information from you in the operation of the Service. Any Personal Information collected from you when you access the Government Websites using the Service is collected by the Government of Canada, and is subject to the privacy policy of the Government of Canada and all applicable laws. Any Personal Information collected from you when you access websites operated by or on behalf of your Credential Service Provider with which the Service may be used is collected by your Credential Service Provider, and is subject to the privacy policy of your Credential Service Provider and all applicable laws. Modification of Service or Termination of Service or this Agreement by Us We reserve the right at any time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Service, add or subtract Service features or limit usage of the Service (or any part thereof) (collectively, a “Modification”) with or without notice to you, provided that if we permanently cease providing the Service we will post a notice on this website to that effect. Your continued use of the Service after any Modification will mean that you agree to such Modification and its applicability to you. We reserve the right to terminate your participation in the Service at any time. We may terminate this Agreement at any time for any reason. Your rights under this Agreement will terminate immediately without notice from us: (i) if you fail to comply with any term(s) of this Agreement; or (ii) if we terminate this Agreement. Upon the termination of this Agreement, you agree to immediately cease using the Service. You agree that the Released Parties will not be liable to you for any Modification or termination of any part or all of the Service or your participation in the Service. Intellectual Property Ownership, Reservation of Rights The Service and the Interac System are the intellectual property of Interac and its suppliers, and are protected by law, including, without limitation, the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service or the Interac System. All rights therein not expressly granted are reserved by Interac and its suppliers. This Section shall survive the termination or expiration of this Agreement for any reason. Third Party Offerings The Service is designed to interoperate with various online services, websites and applications (“Third Party Offerings”). These Third Party Offerings include, but are not limited to, Government Websites and websites operated by your Credential Service Provider. The links to Third Party Offerings, including websites operated by Credential Service Providers, are not under the control of the Government of Canada or any other government institution, are provided solely for the convenience of users, and the content of such Third Party Offerings and websites may not be subject to the Official Languages Act. Your access to and use of any Third Party Offering, including your access to or purchase of any products, services or information, is governed by the provider’s terms and conditions respecting such offerings. This Agreement does not amend or modify any such terms and conditions. You are solely responsible for fulfilling any financial commitments you make to such providers. Third Party Offerings are not provided by Interac and Interac does not endorse or make any representations, warranties or guarantees of any kind with respect to Third Party Offerings, and is not liable to you in any way with respect to Third Party Offerings. LIMITATIONS No Warranties THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. THE RELEASED PARTIES DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO THE SERVICE INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Limitation of Liability IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE INTERAC SYSTEM OR SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) OR ANY CLAIM BY ANY THIRD PARTY. THE RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT. THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED. THE PROVISIONS OF SECTIONS 7 AND 8 OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, FOR ANY REASON. Indemnity You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or any use of your Credentials with the Service by any other person, in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein. This Section shall survive the termination or expiration of this Agreement for any reason. Assignment You may not assign this Agreement. Entire Agreement This Agreement represents the entire agreement between you and us concerning the Service for accessing Government Websites (you and we may enter into other agreements for credential brokering services for other purposes). You may not amend this Agreement. We may amend this Agreement on notice to you. This Agreement is in addition to any agreement between you and the Credential Service Provider. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Governing Law and Jurisdiction This Agreement is governed by and subject to the laws of the Province of Ontario, and any dispute under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto. Additional Provisions The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. Contact Information If you have any questions about this Agreement including the Service, please visit www.interac.ca. Privacy Notice The Interac sign-in service (the “Interac Service”) is a service designed to allow the end user to authenticate themselves on certain websites of the Government of Canada (the “Relying Parties”), using credentials they have been provided by their financial institution or other Sign-In Partners. The Interac Service is managed by 2859824 Ontario Limited (“Interac”, “us”, or “we”), a subsidiary of Interac Corp.. Interac is committed to respecting and valuing your privacy and security. The information below in this Privacy Notice constitutes a summary of the privacy practices that apply to your use of the Interac Service. By using the Interac Service, you agree and consent to our use of information in accordance with this Privacy Notice. If you do not wish to use the Interac Service, the Relying Parties’ online services do allow you to use alternative government credentials, as well as provide options to access such services by phone, fax, mail, or in person. For further details, contact the Relying Party. The End User Information We Collect We do not collect or use your personally identifying information in the operation of the Interac Service. This is achieved through the use of anonymous authentication requests and anonymous identifiers in the authentication responses. The personal information you provide to your Sign-In Partner is not collected by us, it is provided by you to your Sign-In Partner pursuant to their privacy policy, and is not provided by them to us. In addition, the personal information you provide to the Relying Parties to use their services is not provided to us. In addition to the anonymous identifiers, the following information relating to end users is generated and used in the operation of the Interac Service (“End User Information”): - An anonymous session identifier (contained in a session cookie); - The end user’s language preference (contained in a session cookie); - The end user’s Internet Protocol (IP) address. Details as to how we use this information are listed below. How We Use End User Information We use your End User information to provide you with the Interac Service. This includes providing this information to the Sign-In Partners and the Relying Parties to the extent required to provide you with the service. The Interac Service uses session cookies. Session cookies are only active for the duration of the session, and contain a session identifier, but no personally identifiable information. The session cookie will be automatically deleted by your browser when the cookie expires. If you want to use the Interac Service, your browser must accept cookies. The Interac Service monitors network traffic to identify unauthorized authentication requests or otherwise protect the Interac Service from damage (for example from virus attacks). This includes identifying the IP address of the computer that has contacted our web sites, the date and time of the visit and information about the request made. Interac will not use this Information for marketing purposes. Our Disclosure of End User Information We only disclose End User Information to Sign-In Partners and Relying Parties, and only in connection with the ordinary operation of the Interac Service. In addition, if we cease to act as the manager of the Interac Service, the Relying Parties have the right to receive from us or to cause us to deliver to a replacement service manager the End User Information of their end users, so that end users can continue to receive services. We may disclose End User Information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required under any applicable law, rule, or regulation, and (d) in good faith, to protect or defend our rights or property or those of other persons. Finally, if we sell our business or the part thereof that operates the Interac Service, we will transfer to the purchaser our copy of the End User Information, so that the purchaser can continue to operate the service. If you require clarification about this statement, please contact our Privacy Office by email at privacy@interac.ca, by phone at 416-362-8550, or in writing to Interac Privacy Office, 200 Bay Street, Suite 2400, P.O. Box 45, Toronto, ON M5J 2J1. For more information on privacy issues and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in general, please consult the Department of Justice / PIPEDA website, or call 1-800-O-Canada (1-800-622-6232). Each Relying Party and Credential Service Provider has their own Privacy Policy. For more information please refer to the specific Relying Party or Credential Service Provider website. Interac and the Interac logo are trademarks of Interac Corp. Interac sign-in service end user agreement for EPQ PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE AGREEING TO USE THIS INTERAC SIGN-IN SERVICE (THE “SERVICE”). THE SERVICE ALLOWS YOU TO AUTHENTICATE YOUR CREDENTIALS (AS DEFINED BELOW) FOR USE AT THE WEBSITE OPERATED BY ÉPARGNE PLACEMENTS QUÉBEC (“EPQ”). THIS AGREEMENT IS BETWEEN YOU 2859824 ONTARIO LIMITED, A SUBSIDIARY OF INTERAC CORP., WHO IS THE OPERATOR OF THE SERVICE, AND APPLIES TO YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICE. DEFINITIONS - “Agreement” means this Interac sign-in service End User Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 11 hereof. - “Credential Service Provider” means the financial institution, or other service provider, that provides to you the Credentials you use to access the Service. - “Credentials” means the authentication credentials, such as username, password, and/or card number or other information, of your Credential Service Provider that you use in connection with the Service. - means the website operated by or on behalf of EPQ with which the Service may be used. - “Interac”, “us”, “we” or “our” means 2859824 Ontario Limited, a subsidiary of Interac Corp. - “Interac System” means the Interac online authentication system used to operate the Service. The Interac System does not include the Third Party Offerings. - “Modification” has the meaning given to it in section 4 hereof. - “Personal Information” means all information about you, including without limitation, information such as your name, your email address, your home phone number, or your mailing address or any other information that can be used to identify you. - “Released Parties” means Interac, EPQ , the financial institutions and other Credential Service Providers with which you use the Service, and, as applicable, their respective parent companies, affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents. - “Service” has the meaning provided in the initial paragraph above. For clarity, the Service consists solely of the service of facilitating the use of your Credentials to provide access to the EPQ Website, including the authentication of your Credentials for this purpose by your Credential Service Provider, and does not include any other services, whether provided by us, by EPQ , by the Credential Service Provider or by other Third Party Offerings. In particular, the Service does not include any services provided to you by the EPQ Website to which you access using the Service, or any other service, including financial or banking services provided to you by your Credential Service Provider. - “Third Party Offerings” has the meaning given to it in section 6 hereof. - “You” or “Your” means the person who wishes to use the Service and has Credentials with a Credential Service Provider. CLAUSES The Service The Service is provided by Interac. The Service allows you to authenticate your credentials at the EPQ Website by using your Credentials. For the purposes of this Agreement, unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement. Your Responsibility for use of Your Credentials You are responsible for any use of the Service made with your Credentials. You should safeguard your Credentials and should not allow any other person to use them. If you suspect unauthorized access to your Credentials, you should immediately notify your Credential Service Provider. This Section shall survive the termination or expiration of this Agreement for any reason. Personal Information Except for the IP address of the computer that communicates with our Websites, Interac does not collect any other Personal Information from you in the operation of the Service. Any Personal Information collected from you when you access the EPQ Website using the Service is collected by EPQ , and is subjectwithout limitation to the provisions of the Tax Administration Act (CQLR, c. A-6.002) and of the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR, c. Any Personal Information collected from you when you access websites operated by or on behalf of your Credential Service Provider with which the Service may be used is collected by your Credential Service Provider, and is subject to the privacy policy of your Credential Service Provider and all applicable laws. Modification of Service or Termination of Service or this Agreement by Us We reserve the right at any time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Service, add or subtract Service features or limit usage of the Service (or any part thereof) (collectively, a “Modification”) with or without notice to you, provided that if we permanently cease providing the Service we will post a notice on this website to that effect. Your continued use of the Service after any Modification will mean that you agree to such Modification and its applicability to you. We reserve the right to terminate your participation in the Service at any time. We may terminate this Agreement at any time for any reason with reasonable notice or immediately for a serious reason. Your rights under this Agreement will terminate immediately without notice from us: (i) if you fail to comply with any term(s) of this Agreement; or (ii) if we terminate this Agreement. Upon the termination of this Agreement, you agree to immediately cease using the Service. You agree that the Released Parties will not be liable to you for any Modification or termination of any part or all of the Service or your participation in the Service. If you are a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1), we will send you prior notice of 30 days of the modification of or termination of your participation in the Service. You may refuse the modification by notifying us within 30 days after such modification comes into force. Intellectual Property Ownership, Reservation of Rights The Service and the Interac System are the intellectual property of Interac and its suppliers, and are protected by law, including, without limitation, the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service or the Interac System. All rights therein not expressly granted are reserved by Interac and its suppliers. This Section shall survive the termination or expiration of this Agreement for any reason. Third Party Offerings The Service is designed to interoperate with various online services, websites and applications (“Third Party Offerings”). These Third Party Offerings include, but are not limited to, Government Websites and websites operated by your Credential Service Provider. Your access to and use of any Third Party Offering, including your access to or purchase of any products, services or information, are governed by the provider’s terms and conditions respecting such offerings. This Agreement does not amend or modify any such terms and conditions. You are solely responsible for fulfilling any financial commitments you make to such providers. Third Party Offerings are not provided by Interac and Interac does not endorse or make any representations, warranties or guarantees of any kind with respect to Third Party Offerings, and is not liable to you in any way with respect to Third Party Offerings. LIMITATIONS No Warranties THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. THE RELEASED PARTIES MAKE NO REPRESENTATION OR CONDITION AND DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE) AS TO THE SERVICE INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Limitation of Liability IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE INTERAC SYSTEM OR SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR REPUTATION, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) OR ANY CLAIM BY ANY THIRD PARTY. THE RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THEIR CONTROL. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT. THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED. THE PROVISIONS OF SECTIONS 7 AND 8 OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, FOR ANY REASON. THIS LIMITATIONS OF LIABILITY IN THE FIRST AND SECOND PARAGRAPHS ABOVE DO NOT APPLY TO MATERIAL INJURY CAUSED THROUGH INTENTIONAL OR GROSS FAULT. IN ADDITION, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU IF YOU ARE A CONSUMER UNDER QUEBEC’S CONSUMER PROTECTION ACT. Indemnity You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or any use of your Credentials with the Service by any other person, in violation of Section 2 of this Agreement and/or arising from a breach of Section 2 of this Agreement and/or any breach of your representations and warranties set forth herein. This Section shall survive the termination or expiration of this Agreement for any reason. Assignment You may not assign this Agreement. Entire Agreement This Agreement represents the entire agreement between you and us concerning the Service for accessing the EPQ Website (you and we may enter into other agreements for credential brokering services for other purposes). You may not amend this Agreement. We may amend this Agreement on notice to you. This Agreement is in addition to any agreement between you and the Credential Service Provider. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Governing Law and Jurisdiction This Agreement is governed by and subject to the laws of the Province of Québec, and the federal laws applicable therein, and any dispute under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Québec. Additional Provisions The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. Contact Information If you have any questions about this Agreement including the Service, please visit www.interac.ca. Privacy Notice The Interac sign-in service (the “Interac Service”) is a service designed to allow the end user to authenticate themselves on the EPQ Website (the “Relying Party”), using credentials they have been provided by their financial institution or other supplier (a “Sign-In Partner”). The Interac Service is managed by 2859824 Ontario Limited (“Interac”, “us”, or “we”), a subsidiary of Interac Corp. Interac is committed to respecting and valuing your privacy and security. The information below in this Privacy Notice constitutes a summary of the privacy practices that apply to your use of the Interac Service. By using the Interac Service, you agree and consent to our use of information in accordance with this Privacy Notice. If you do not wish to use the Interac Service, the Relying Party’s online services do allow you to use alternative government credentials, as well as provide options to access such services. For further details, contact the Relying Party. The End User Information We Collect Except for the IP address of the compute that communicates with our Websites, we do not collect or use your personally identifying information in the operation of the Interac Service. This is achieved through the use of anonymous authentication requests and anonymous identifiers in the authentication responses. The personal information you provide to your Sign-In Partner is not collected by us, it is provided by you to your Sign-In Partner pursuant to their privacy policy, and is not provided by them to us. In addition, the personal information you provide to the Relying Party to use its services is not provided to us. In addition to the anonymous identifiers, the following information relating to end users is generated and used in the operation of the Interac Service (“End User Information”): - An anonymous session identifier (contained in a session cookie); - The end user’s language preference (contained in a session cookie); - The end user’s Internet Protocol (IP) address. Details as to how we use this information are listed below. How We Use End User Information We use your End User information to provide you with the Interac Service. This includes providing this information to the Sign-In Partners and the Relying Party to the extent required to provide you with the service. The Interac Service uses session cookies. Session cookies are only active for the duration of the session, and contain a session identifier, but no personally identifiable information. The session cookie will be automatically deleted by your browser when the cookie expires. If you want to use the Interac Service, your browser must accept cookies. The Interac Service monitors network traffic to identify unauthorized authentication requests or otherwise protect the Interac Service from damage (for example from virus attacks). This includes identifying the IP address of the computer that has contacted our web sites, the date and time of the visit and information about the request made. Interac will not use this Information for marketing purposes. Our Disclosure of End User Information We only disclose End User Information to Sign-In Partners and Relying Party, and only in connection with the ordinary operation of the Interac Service. In addition, if we cease to act as the manager of the Interac Service, the Relying Party has the right to receive from us or to cause us to deliver to a replacement service manager the End User Information of their end users, so that end users can continue to receive services. We may disclose End User Information as permitted under the Act respecting the protection of personal information in the private sector (RSQ, c. Finally, if we sell our business or the part thereof that operates the Interac Service, we will transfer to the purchaser our copy of the End User Information, so that the purchaser can continue to operate the service. If you require clarification about this statement, please contact our Privacy Office by email at privacy@interac.ca, by phone at 416-362-8550, or in writing to Interac Privacy Office, 200 Bay Street, Suite 2400, P.O. Box 45, Toronto, ON M5J 2J1. For more information on privacy issues in general, please consult the Website of the Commission d’accès à l’information at http://www.cai.gouv.qc.ca/, or call 418 528-7741 or 514 873-4196. The Relying Party and each Credential Service Provider has their own Privacy Policy. For more information please refer to the specific Relying Party or Credential Service Provider website. Interac and the Interac logo are trademarks of Interac Corp. Interac verification service Terms and Conditions and Privacy Notice INTERAC® VERIFICATION SERVICE – TERMS AND CONDITIONS LAST UPDATED: June 29, 2022 Please carefully read this Agreement before agreeing to use the Interac verification service(the “Service”). The Service allows you to authorize Identity & Data Providers to provide certain User Information about you to Relying Parties chosen by you. This Agreement is between you and 2859824 ONTARIO LIMITED (“Interac”, “us”, “we” or “our”), a subsidiary of Interac Corp. By clicking “Agree”, - you are agreeing to be bound by this Agreement; and - you are confirming either that you have reached the age of majority in the province in which you reside or that you are a minor and your parent or legal guardian has had an opportunity to review this Agreement and has consented to your use of the Service. This Agreement takes effect on the date that you click “Agree”. If you do not agree to this Agreement, click “Cancel” and you may not use the Service. DEFINITIONS: - “Agreement” means these Interac verification service Terms and Conditions and the Interac verification service Privacy Notice, which is incorporated into this Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 12. - “Credentials” means the credentials that you use for authentication purposes to access services at your Financial Institution or which are otherwise required by your Financial Institution to access the Service, such as username, password, card number, biometric identifiers (including fingerprints, voice patterns and facial recognition), one-time passcode or other information. - “Electronic Access Device” means a cell phone, smart phone, mobile device, desktop or personal computer, tablet or other electronic device that you may use to access the Service. - “Financial Institution” or “FI” means the financial institution in Canada with which you have a current banking relationship that has agreed to be an Identity & Data Provider and that you have chosen to act as your first Identity & Data Provider. - “Identity & Data Provider” (which may sometimes be referred to as a ‘connection’) means an eligible organization in Canada that participates in the Service and that generates or holds User Information, including a financial institution, credit bureau, telecommunications provider, government departments and agencies and other eligible third parties. - “Modification” has the meaning set out in section 4. - “Personal Information” means information about an identifiable individual, including: name, email address, mobile or home phone number(s), mailing address, date of birth and certain of your account, profile or other information. - “Privacy Notice”means the privacy notice located at https://www.interac.ca/en/verification-service/terms-and-conditions-and-privacy-notice/#privacy-notice or any successor URL. - “Released Parties” means Interac, your Financial Institution and all other Identity & Data Providers and Relying Parties that participate in the Service, and, as applicable, their respective affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents, and “Released Party” means any one of them. - “Relying Party” means an eligible organization in Canada that participates in the Service and that asks you to provide User Information through the Service to facilitate its interactions with you, for example, to help verify your identity or eligibility for Third Party Offerings. When adding a new Identity & Data Provider as a connection, you may be asked to share User Information with that new Identity & Data Provider; for the purposes of that sharing transaction, that Identity & Data Provider will be deemed to be a Relying Party. - “Third Party Offerings” has the meaning set out in section 7. - “Third Party Terms” has the meaning set out in section 7. - “User Information” means all Personal Information and other information about you, that is generated or held by Identity & Data Providers and that is available to be shared through the Service. “you” or “your” means the person who wishes to use the Service, and whose Credentials have been used to register for the Service. SERVICE CLAUSES: THE SERVICE The Service is provided and operated by Interac. Interac will not charge you a fee to use the Service. In order to register to use the Service, you will be required to select a financial institution with which you have an online banking relationship to create your Interac verification service account. During your initial registration to use the Service and prior to each use of the Service, your Financial Institution will authenticate you using your Credentials. The use of your Credentials to authenticate you is subject to and governed by the terms of your agreement with your Financial Institution. This Financial Institution will then, for the purposes of the Service, become your first Identity & Data Provider. The Personal Information your Financial Institution has about you and which may be shown as part of the registration process will be your initial User Information for the Service. If any of your displayed initial User Information is incorrect, you must discontinue the registration process and contact your Financial Institution to update your information. After updating your information, you may attempt to register for the Service again. After registration, (1) you will have an opportunity to add additional Identity & Data Providers as connections, and (2) additional User Information from your Identity & Data Providers, including your Financial Institution, may be added to your Interac verification service account. The Service allows you to authorize your selected Identity & Data Providers to share certain of your User Information with a Relying Party to facilitate your interactions with the Relying Party (or if that Relying Party is another Identity & Data Provider, to facilitate its addition as a connection and enable your future sharing transactions). No User Information will be shared without your authorization, except to the extent such User Information may be shared with your mobile telecommunications provider or its authorized agent for the purposes of (1) verifying your mobile number associated with your Electronic Access Device, if any, or (2) completing certain security assessments associated with your Electronic Access Device. Except (1) in connection with a specific transaction where you expressly agree, (2) where the identity of the Identity & Data Provider or Relying Party is evident due to the nature of the transaction, the User Information that you agree to share or the then current participants in the Service, (3) as required by law, or (4) if an investigation is required (for example, as a result of an actual (or suspected) unauthorized transaction): - an Identity & Data Provider will not know which Relying Party receives your User Information, and - a Relying Party will not know which Identity & Data Provider(s) provide your User Information. Certain aspects of the Service may differ depending on whether you use the Interac verification service mobile app or the Interac verification service web application. Certain features or functionality may also be limited or not available in the web application. For example, your list of connections and activity log will not be accessible via the web application. If you subsequently use the Interac verification service mobile app after registering for or using the Service via the web application, your profile information, including any of your connections and activity log, will be accessible to you in the Interac verification service mobile app. If you register for or use the Service using the Interac verification service mobile app, and subsequently try to use the web application, you will be redirected to the mobile app and will not be able to complete transactions using the web application. YOUR RESPONSIBILITY FOR USE OF YOUR ELECTRONIC ACCESS DEVICE, YOUR CREDENTIALS AND THE ACCURACY OF YOUR USER INFORMATION Your obligation to protect your Electronic Access Device, your Credentials, and the other information that you use to access and use your Electronic Access Device may be governed by your agreement with your Financial Institution. You will not be able to access the Service if your Financial Institution suspends or revokes your Credentials. If you suspect unauthorized use of your Credentials to access the Service, you should immediately notify your Financial Institution. Once the Service has been accessed using your Credentials, you are responsible for any instruction or consent given regarding your User Information, including any sharing transaction where your User Information has been provided to a Relying Party or another Identity & Data Provider. You must close the browser session of the Interac verification service web application upon completion of an Interac verification service transaction. You will have an opportunity to review certain of your User Information maintained by the applicable Identity & Data Provider(s) that the Relying Party has requested be shared before you agree to share information with that Relying Party. You are responsible for ensuring that any such User Information is accurate and up to date. You are also responsible for ensuring the accuracy of your User Information in the systems of the applicable Identity & Data Provider(s) before you share it. If any User Information is inaccurate, you agree to notify the Identity & Data Provider that maintains such User Information before you agree to share that User Information through the Service. In addition, you agree that you will not knowingly use the Service to share any inaccurate User Information. PERSONAL INFORMATION When you agree to share User Information from your Identity & Data Provider(s) with a Relying Party through the Service, you are providing express consent to share all Personal Information that is included in such User Information. Although your User Information was originally collected by or on behalf of your Identity & Data Provider(s) under their respective terms and privacy policies, when you authorize your User Information to be shared with a Relying Party through the Service, you consent to the handling of all User Information shared through the Service (including all Personal Information) in accordance with this Agreement, including, for greater certainty, the Privacy Notice. For more information about the collection, use and disclosure of your Personal Information as part of the Service, please see the Privacy Notice. Once your User Information has been sent to a Relying Party through the Service with your consent (other than to another Identity & Data Provider for the purposes of adding them as a connection), it is handled in accordance with the Relying Party’s privacy policy, its agreements with you, and all applicable laws. When you share your User Information with a Relying Party that is another Identity & Data Provider for the purposes of adding them as a connection, that Identity & Data Provider is only entitled to use and handle that User Information for the purposes of attempting to match that information with information about you in its or its service provider’s systems or records to facilitate their addition as a connection and for no other purpose. Subject to this agreed limited use, your User Information is collected, used, disclosed and retained by the Identity & Data Provider in accordance with its privacy policy, any agreements it has with you and all applicable laws. Neither Interac, nor any Identity & Data Provider is responsible or liable for any use or disclosure by any Relying Party of User Information provided to that Relying Party through the Service. MODIFICATION OF SERVICE OR TERMINATION OF SERVICE BY US Modification We reserve the right at any time to modify the Service, including the addition, modification or removal of Service features or functionality (collectively, a “Modification”). Information on Modifications will be made available at https://www.interac.ca/en/verification-service/ and/or through the Interac verification service application. All Modifications will be subject to this Agreement. Subject to section 12, if applicable, your continued use of the Service after implementation of a Modification will mean that you agree to that Modification and its applicability to you. Suspension or Termination We reserve the right to interrupt, restrict or limit your use of the Service (or any part thereof), or to temporarily or permanently suspend, discontinue or terminate the Service or your participation in it, at any time. DISCONTINUING THE USE OF THE SERVICE BY YOU You may discontinue your use of the Service at any time by closing your Interac verification service account. You can close your Interac verification service account in the mobile application by following the steps listed in the ‘Delete Interac verification service Account’ section of the Interac verification service mobile application. If you are using the Interac verification service web application, please follow the steps outlined here: How to Close your Interac verification service Account . You may also be able to close your Interac verification service account through your Financial Institution. Closing your Interac verification service account will mean that you no longer have an active Interac verification service account, you will not be able to initiate new transactions to share User Information with Relying Parties, sharing transactions that you previously authorized may not be completed, and you will not have access to any transaction records that summarize previous Interac verification service account activities. However, closing your Interac verification service account will not affect (1) any of the User Information held by your Identity & Data Providers or shared with your Relying Parties, or (2) any transaction records maintained by the Service. If you wish to use the Service in the future after closing your Interac verification service account, you will need to complete the Service registration process again and set up a new Interac verification service account. You can use your existing Credentials to open your new Interac verification service account. Deleting the Service’s mobile application from your Electronic Access Device will not close your Interac verification service account and will not affect any sharing transaction that you previously authorized. You will be able to access your Interac verification service account in the future by reinstalling the Interac verification service mobile application on your Electronic Access Device and re-entering your Credentials for your Financial Institution. INTELLECTUAL PROPERTY OWNERSHIP, RESERVATION OF RIGHTS The Service is the intellectual property of Interac and its suppliers and licensors, and is protected by law, including the intellectual property laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated in this Agreement, this Agreement does not grant you any ownership rights in or to the intellectual property in the Service. All rights in the Service not expressly granted are reserved by Interac and its suppliers and licensors. THIRD PARTY OFFERINGS The Service is designed to facilitate your interaction with various online services, websites and applications offered by Relying Parties (or, in certain instances, one of your Identity & Data Providers), including your access to or purchase of any products, services or information from them (“Third Party Offerings”). Third Party Offerings are provided by the applicable third party, and are not provided as part of the Service. Your access to and use of any Third Party Offering, is governed by the terms and conditions respecting such Third Party Offering found on or through the applicable website, application or elsewhere (“Third Party Terms”). This Agreement does not change any Third Party Terms. You are solely responsible for fulfilling any commitments you make to the third party making the Third Party Offering available to you. No Released Party endorses or makes any representations, warranties or guarantees with respect to any Third Party Offering, or is liable to you in any way with respect to any Third Party Offering (except if it is also the provider of the Third Party Offering, in which case the Third Party Terms apply to such Third Party Offering). LIMITATIONS AND WARRANTIES CLAUSES: No Warranties or Conditions You agree that your use of and access to the Service is at your sole risk. The Service is provided on an “as is” and an “as available” basis. No Released Party warrants the performance or results you may obtain by using the Service or that the Service will be error-free or uninterrupted, except to the extent any warranty, condition, representation or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction. Without limiting the foregoing, no Released Party makes any representations, warranties or conditions (express, implied or collateral whether by statute, common law, custom, course of dealing, usage of trade or otherwise) as to the Service including non-infringement of third party rights, merchantability, title, integration, security, accessibility, availability, accuracy, reliability, quiet enjoyment, satisfactory quality, or fitness for any particular or general purpose. If you are a consumer within the meaning of applicable provincial or territorial consumer protection legislation, this section does not limit any legal rights that such legislation does not allow you as a consumer to waive. In particular, the limitation of Interac’s liability for the consequences of its acts will not apply if (1) the Consumer Protection Act (Quebec) applies to this Agreement, and (2) you are a consumer within the meaning of that Act and you reside or are domiciled in the Province of Quebec. The liability of each Released Party will be limited to the fullest extent permitted by applicable law. Interac is not charging you for the Service based, in part, on the allocation of liability between you and each Released Party as set out in this section. No Released Party will be responsible for lost profits, revenues, business or data; loss of privacy; damage to reputation; indirect, incidental, special, consequential, exemplary or punitive or other similar damages; or, to the extent permitted by law, direct losses or damages; in each case, relating to, arising out of, or in any way in connection with this Agreement or your use of or inability to use the Service, regardless of the cause of action (for example, contract, tort or otherwise), even if any Released Party has been advised of the possibility of such damages. This Agreement sets forth the entire liability of the Released Parties and your exclusive remedy with respect to the Service and its use. GENERAL CLAUSES: Assignment You may not assign this Agreement. We may assign this Agreement to any successor provider of the Service by providing notice to you. Entire Agreement This Agreement represents the entire agreement between you and us concerning the Service. Amendment and Termination of the Agreement Amendment We reserve the right at any time to amend this Agreement by notifying you of such amendment at https://www.interac.ca/en/verification-service/terms-and-conditions-and-privacy-notice/#terms-and-conditions and/or through the Interac verification Service when you next use it. Your continued use of the Service after being notified of an amendment will mean that you agree to the new form of this Agreement, as amended. If you do not agree to an amendment, you must close your Interac verification service account as contemplated in section 5. You may not amend this Agreement. Termination You may terminate this Agreement at any time for any reason by closing your Interac verification service account as contemplated in section 5. This Agreement will terminate immediately without notice from us if you fail to comply with any provision of this Agreement, if we permanently terminate the Service or your participation in the Service or if your Interac verification service account is permanently closed for any reason. Upon the termination of this Agreement, you will no longer be able to access the Service. Governing Law and Jurisdiction If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Quebec. Otherwise, you agree that this Agreement is governed by the laws of the Province of Ontario, and that any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto. Additional Provisions If any part of this Agreement is found to be void or invalid and unenforceable, it will not affect the validity of the remaining provisions of this Agreement, which will remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion will not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions will not be considered included for purposes of interpretation or application hereof, but are for convenience only. Unless otherwise required by applicable law (1) you agree that you may not bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose, and (2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse. Except as expressly stated in this Agreement, there are no third party beneficiaries to this Agreement. The parties expressly acknowledge and agree that the Released Parties are third party beneficiaries of this Agreement, and it is agreed that we are acting as agent and trustee for them in respect of their rights under this Agreement. Survival Sections 2, 3, 5, 6, 8, 9, 10, 11, 13, 14 and this section 15, and such other provisions that by their nature should survive termination will survive the termination of this Agreement for any reason. Contact Information If you have any questions, suggestions or feedback (collectively, “feedback”) about the Service or this Agreement, please submit such feedback to feedback@interac.ca. By submitting feedback to us, you agree that we may use such feedback for any purpose related to the Service without any obligation to compensate you. Copies of These Terms A copy of this Agreement will be available through our mobile application and on our website at https://www.interac.ca/en/verification-service/legal If you wish to retain a copy of this Agreement, you may print it from our website, email it to yourself through the mobile application, or download or print it from the web application. Interac and the Interac logo are trademarks of Interac Corp. Interac® verification service– PRIVACY NOTICE The Interac® verification service is an information management and sharing service provided by 2859824 Ontario Limited (“Interac”, “us”, “we” or “our”), a subsidiary of Interac Corp. Interac is committed to respecting and protecting your privacy and the security of your Personal Information. This Privacy Notice explains how information about an identifiable individual (“Personal Information”) is collected, used, disclosed, stored, retained, processed and safeguarded in connection with use of the Interac verification service and the Interac verification service mobile and web applications (collectively, the “Service”). By using the Service, you agree and consent to the collection, use, disclosure, storage, retention, processing and safeguarding of your Personal Information in accordance with this Privacy Notice. About the Service The Service allows you to authorize your selected Identity & Data Providers to share certain of your information with Relying Parties. Activity Data means Personal Information and other information that is collected or generated by Interac and its authorized service providers for the purposes of operating and maintaining the Service. Activity Data collected for these purposes includes general information about your transactions, such as the type of Relying Party with which you consented to share your User Information, as well as the type and the sensitivity level of the information you are sharing. Identity & Data Provider (which may sometimes be referred to as a ‘connection’) means an eligible organization in Canada that participates in the Service and that generates or holds certain information about you. Examples of Identity & Data Providers include financial institutions, credit bureaus, telecommunications providers, government departments and agencies and other eligible third parties. Relying Party means an eligible organization in Canada that participates in the Service and that asks you to provide certain of your User Information through the Service to facilitate its interactions with you, for example, to help verify your identity or eligibility for product or service offerings. Examples of potential Relying Parties include financial institutions (e.g., for online bank account applications), telecommunications service providers (e.g., for account opening and service or device eligibility), online merchants (e.g., for hotel bookings), government departments and agencies (e.g., for program eligibility) and other eligible third parties. When adding a new Identity & Data Provider as a connection, you may be asked to share certain User Information with that new Identity & Data Provider. For the purposes of that sharing of User Information, that Identity & Data Provider will be deemed to be a Relying Party. User Information means Personal Information that is generated or held by Identity & Data Providers and that is available to be shared through the Service. You, you or your means the person who wishes to use the Service, and whose Credentials (as defined below) have been used to register for the Service. How we collect and use your information REGISTRATION The Service registration process requires you to select the financial institution in Canada that is participating in the Service (“Financial Institution” or “FI”) that you have an active and existing business relationship with to create your Interac verification service profile, which will form the basis of your Canadian Interac verification service account (the “Interac® verification service”). This FI will become your first Identity & Data Provider. As part of the registration process, and prior to each use of the Service, your FI will authenticate you using your existing banking credentials that you use for authentication purposes to access services at your FI or which are otherwise required by your FI to access the Service, such as username, password, card number, biometric identifiers (including fingerprints, voice patterns and facial recognition), one-time passcode or other information (collectively, “Credentials”). Once you are initially authenticated by your FI, your FI will create and store an individualized Interac verification service account identifier for you which is distinct from your Credentials and will register this identifier with the Service. Following your successful authentication using your Credentials during the registration process, your selected FI will provide a summary of your User Information available for you to share with Relying Parties. If any of your User Information displayed during registration is incorrect, you must discontinue the registration process and contact your FI to update your User Information in its files, to the extent required. CONSENT TO SHARE YOUR INFORMATION The Service allows you to authorize your selected Identity & Data Providers to share certain of your User Information with a Relying Party to facilitate your interactions with the Relying Party (or if that Relying Party is another Identity & Data Provider, to facilitate its addition as a connection) with your express consent. Although your User Information was collected by or on behalf of your FI and other Identity & Data Providers under their respective terms and privacy policies, when you authorize your User Information to be shared with a Relying Party (including a Relying Party that is another Identity & Data Provider solely for the purposes of adding them as a connection through the Service), it is collected, used, disclosed, stored, retained, processed and safeguarded by the Service under the terms of this Privacy Notice and, as noted above, only with your express consent. Once the information is received by the Relying Party (other than another Identity & Data Provider for the purposes of adding them as a connection), it is used, disclosed and retained in accordance with the privacy policy of the Relying Party, its agreement with you and all applicable laws. When you share your User Information with a Relying Party that is another Identity & Data Provider for the purposes of adding them as a connection, that Identity & Data Provider is only entitled to use and handle that User Information for the purposes of attempting to match that information with information about you in the Identity & Data Provider’s system to facilitate their addition as a connection and for no other purpose. Subject to this agreed limited use, your User Information is collected, used, disclosed, retained, stored, processed and safeguarded by the Identity & Data Provider in accordance with its privacy policy, any agreements it has with you and all applicable laws. In addition, Interac may have access to your Credentials, or to other Personal Information that you have provided, to facilitate the Service and/or other services that you may agree to use in connection with the Service. Any Personal Information provided for use with other services will be collected, used, disclosed and retained in accordance with the privacy policies applicable to those other services and will not be subject to this Privacy Notice. GENERAL Interac may, but is not obligated to, monitor the Service in an effort to identify unauthorized use and to protect users and Service participants (namely, FIs and other Identity & Data Providers and Relying Parties). Activity Data collected or generated by the Service also includes information about activities that occur with your Interac verification service account, including, for example, your registration with the Service, successful and failed logins from your electronic access device (as defined below), information about your electronic access device, such as its model, operating system, device ID and MAC address, connections established with new Identity & Data Providers, and consents to share your User Information. (For the purposes of this Privacy Notice, “electronic access device” includes your cell phone, smart phone, mobile device, desktop or personal computer, tablet or other electronic device that you may use to access the Service.) Certain details about these activities are stored and viewable in your Interac verification service mobile application activity log (which is not viewable in the web application). This activity log does not contain your Credentials or any of your User Information that you have agreed to have an Identity & Data Provider send to a Relying Party through the Service. MOBILE PHONE NUMBER COLLECTION AND USE BY RELYING PARTY IN RELATION TO THE Interac® verification service A Relying Party may collect and use your mobile phone number to send you a link (via text message) to engage with the Service. The mobile phone number that you provide for this purpose is collected by the Relying Party (not by Interac) and is subject to the Relying Party’s privacy policy and any other agreement it may have with you. Protecting your information All of your User Information that you authorize an Identity & Data Provider to share with a Relying Party through the Service will be protected with security mechanisms intended to prevent your User Information from being identified, accessed or misused when it is sent through the Service. Your Activity Data is stored in protected form. Only authorized personnel will have the ability to retrieve Activity Data from the Service’s audit systems. Details of certain activities are available to you through the activity log in your Interac verification service mobile application (which is not available in the web application). Disclosing your information The Service allows you to authorize your selected Identity & Data Providers to share certain of your User Information with a Relying Party to facilitate your interactions with the Relying Party (or if that Relying Party is another Identity & Data Provider, to facilitate its addition as a connection) with your express consent. Because your User Information may include private or confidential Personal Information, please ensure that you understand how it will be used and further disclosed by a Relying Party before giving your consent to share any of your User Information. Interac may report suspected fraudulent activity to Service participants, including the FI you selected when first registering for the Service, or other parties as permitted or required by law, and certain of your Personal Information may be included in those reports to assist with fraud prevention, detection, investigation and remediation. In connection with providing the Service, Interac may transfer or provide access to your Personal Informationto outside agents or service providers that perform services on our behalf (e.g., data hosting or processing services), or that otherwise collect, use, disclose, store, retain, process or safeguard information on our behalf for the purposes described in this Privacy Notice. Interac requires such service providers to maintain comparable protections over Personal Information shared with them. We may also disclose Personal Information: (a) to any governmental authority where required by law, (b) in response to a court order, subpoena, discovery rule, or other lawful request, (c) as otherwise required under any applicable law, rule, or regulation, (d) in good faith, if an investigation is required (for example, as a result of a potential privacy breach or unauthorized transaction(s)), or (e) to protect or defend our rights or property or those of other persons. If we sell our business or any part thereof that operates any portion of the Service, we may transfer Activity Data to prospective purchasers to the extent necessary to enable consideration of the transaction. We may also transfer any Personal Information in our control at the time of such a transaction to the purchaser so that the purchaser can continue to operate the Service after the transaction has been completed. Storing and retaining your information When you consent to the sharing of your User Information from an Identity & Data Provider to a Relying Party through the Service, your User Information is temporarily held in our networks to facilitate the successful transfer. Information is purged from the network in accordance with our record retention policies. User Information that is made available on your electronic access device for your review before you consent to having it shared with a Relying Party by the applicable Identity & Data Provider(s) is maintained within the Identity & Data Provider’s systems and is not stored locally on your electronic access device. Other information that we generate or collect in order to provide the Service, such as account identifiers and other Activity Data, is only retained for as long as necessary to administer the Service. Activity Data is stored by the Service for legal, regulatory, suspected fraudulent activity investigations and dispute resolution purposes in accordance with our record retention rules. Personal Information that is stored by the Service is maintained on our servers, or those of our service providers, and is accessible only by our authorized employees, representatives and service providers who require access in connection with their responsibilities. Suspending or closing your Interac® verification service account Authorized personnel of Interac or its service providers supporting the operation of the Service have the ability to suspend or delete (close) your Interac verification service account in accordance with the Interac verification service Terms and Conditions governing your use of the Service. In the event your Interac verification service account is suspended and you wish to have it re-activated, you can obtain information at https://www.interac.ca/en/consumers/support/faq-consumers/#faq-interac-verification-service . You may also wish to contact your FI’s Customer Support team to obtain additional details and required steps in order to reactivate your Interac verification service account. You may discontinue your use of the Service at any time by closing your Interac verification service account. You may close your Interac verification service account in the mobile application by following the steps listed in the ‘Delete Interac® verification service Account’ section of the Interac verification service mobile application. If you are using the Interac verification service web application, please follow the steps outlined here: How to Close your Interac® verification service Account. You may also be able to close your Interac verification service account through your FI. Closing your Interac verification service account will mean that you no longer have an active Interac verification service account, you will not be able to initiate new transactions to share your User Information with Relying Parties, sharing transactions that you previously authorized may not be completed, and you will not have access to any transaction records that summarize previous Interac verification service account activities. However, closing your Interac verification service account will not affect (1) any of your User Information held by your Identity & Data Providers or previously shared with your Relying Parties, (2) any transaction records or other Activity Data maintained by the Service; or (3) any Personal Information which you have provided for use with other services. If you wish to use the Service in the future after closing your Interac verification service account, you will need to complete the Service registration process again and set up a new Interac verification service account. You can use your existing Credentials to open your new Interac verification service account. Deleting the Interac verification service mobile application from your electronic access device will not close your Interac verification service account and will not affect any sharing transaction that you previously authorized. You will be able to access your Interac verification service account in the future by reinstalling the Interac verification service mobile application on your electronic access device and re-entering your then current Credentials for your FI. Accessing and correcting your information Your User Information resides with your applicable Identity & Data Providers and with Relying Parties with which you have chosen to share it. Although your User Information may be shared with Relying Parties (with your consent) via the Service, Interac is not an Identity & Data Provider. Requests for access to your User Information, including requests to correct or modify it, must therefore be made by you directly to your Identity & Data Providers or Relying Parties. In connection with sharing transactions, you will have an opportunity to view a summary of certain of your User Information within the Interac verification service application before you authorize your User Information to be shared with a Relying Party. The viewable User Information will be displayed within the Interac verification service application. For mobile app users, even when you are not engaged in a sharing transaction, you may have an opportunity to view certain of your User Information that is maintained by Identity & Data Providers that you have connected to. The Identity & Data Providers may provide you with details on how to update or correct your User Information within the Identity & Data Provider’s files, or you may have to contact them to update or correct your User Information. You may access your activity log information through your Interac verification service mobile application (which is not accessible in the Interac verification service web application). You can obtain additional information on how to access or correct your Personal Information by visiting our Support Centre at https://www.interac.ca/en/consumers/support/faq-consumers/#faq_98665. Notifications Depending on the FI you select to associate your Interac verification service account with, you may receive notifications of some of your Service activities from your FI, such as registration completion and on authentication events occurring within your Interac verification service account. These notifications are intended to provide you with information on Service usage so that you may act upon notifications that you do not recognize as yours. None of the Relying Parties or Identity & Data Providers that participate in the Service are permitted to send you unprompted emails or text messages asking for personal details through the Service. Dispute resolution, questions or concerns In the event you identify transaction(s) that you have not authorized or receive a notification from your FI regarding (or otherwise become aware of) unauthorized activity with your Interac verification service account, please contact customer support of your FI with which you associated your Interac verification service account. Upon your authorization, your FI’s customer support personnel will be able to retrieve your Interac verification service activity information and work with you to report unauthorized transactions to Interac and/or its service providers. General queries or concerns on the privacy aspects of the Service may be directed to the Interac Privacy Officer. Contact details are provided below. Third party participants This Privacy Notice applies to the collection, use, disclosure, storage and retention of Personal Information in connection with the operation of the Service by Interac and its service providers, including third parties that host and operate certain components of the Service on behalf of Interac. This Privacy Notice does not apply to your FI or any of the Identity & Data Providers and Relying Parties that use, handle, disclose or retain your Personal Information in connection with your dealings with them that are distinct from the Service, and such parties will be governed by their own privacy policies and agreements with you when they collect, use, disclose, store, retain, process or safeguard your User Information in the ordinary course of their dealings with you outside of the Service. Privacy Notice changes This Privacy Notice is effective as of the date shown above and may be revised from time to time. We encourage you to review this Privacy Notice frequently to obtain the current version. Your continued use of the Service following any changes to this Privacy Notice constitutes your acceptance of any such changes. For more information If you require clarification about this Privacy Notice, or would like to request more information about the Service, including who to contact to request access for your Interac verification service account information, please contact our Privacy Office at privacy@interac.ca or by phone at 416-362-8550 or in writing to: Interac Privacy Office 200 Bay Street, Suite 2400 P.O. Box 45, Toronto, Ontario M5J 2J1 Canada Interac is a trademark of Interac Corp. Interac document verification service Terms and Conditions and Privacy Policy Terms and Conditions PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AS WELL AS EXCLUSIONS AND LIMITATIONS ON LIABILITY. By using or accessing the Interac® document verification service site, application, software or services (collectively, the “Services”), you agree that you will comply with and are bound by the following terms and conditions. If you do not agree to these terms and conditions (referred herein as either the “Agreement” or the “Terms”), you may not use our website, software or Services. These Terms may be accessed via your device or on our website at https://www.interac.ca/en/document-verification-service/terms-and-conditions-and privacy-notice/ . If you wish to retain a copy of these Terms, you may print them from our website. The term “Interac”, “we”, “us” or “our” refers to 2859824 Ontario Limited, a subsidiary of Interac Corp. The term “you”, “user” or “users” refers to you and other users of our Services. Our software may be distributed or used in association with third party software components. Users are subject to the user agreements governing the use of such third party software components. You must ensure that your use of the Services does not violate these Terms or the terms applicable to such third party components. By clicking “Agree”, - you are agreeing to be bound by these Terms; and - you consent to the collection, use and disclosure of your personal information pursuant to the Privacy Statement accessible via https://www.interac.ca/en/document-verification-service/terms-and-conditions-and privacy-notice/#privacy-notice; and - you are confirming either that you have reached the age of majority in the province in which you reside or that you are a minor and your parent or legal guardian has had an opportunity to review this Agreement and has consented to your use of the Service. This Agreement takes effect on the date that you click “Agree”. Overview Our Services provide a platform that facilitates digital identity verification capabilities, which may include document and facial recognition technologies along with proprietary data matching software that compares data from uploaded documents to data generated or held by other data providers, which may include your mobile service provider (or its authorized agent), a credit bureau or your financial institution. Accessing any third party software, services or websites through our Services, or entering into any transaction with any third party, is done at your own risk, including any transaction with a digital asset consumer via the digital identity service offering known as the Interac ® verification service, which, for greater certainty, is distinguished in these Terms from the document validation service offered by Interac. Any such transaction is solely the responsibility of the parties entering into the transaction. We do not own any personal information provided by or about any user that is made available through the Services. Interac and its service providers are not responsible for the accuracy or completeness of any user information. By uploading any materials, documents, images, information, data or other content to our service providers or our databases through the use of our Services, you warrant that you have the full legal right, power and authority to grant us, our service providers, our customers or any other user of our Services the rights and licenses described in these Terms. You are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of our Services and any transaction you enter into through the Services or in connection with your use of the Services. We assume no liability or obligation to take any measures or actions to assist users to avoid potentially fraudulent or illegal activity associated with the content available through our Services. We, however, reserve the right to investigate any transaction that we believe, in our sole discretion, is abusing or has abused the Services, or is otherwise fraudulent or illegal. If we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate, or that such messages will reach any or all users they should have reached in a timely manner or at all, or that such messages or measures will prevent any harm or otherwise have any impact. Use of our Services may result in charges incurred from your network operator or internet service provider. Limited License Users are granted a limited, revocable, non-transferable and non-exclusive license to: (a) access our Services solely in accordance with these Terms; (b) use our Services to upload user images, digital images of eligible documents or other materials for the purposes of helping verify your digital identity; and (c) to print out discrete information from the Services solely for internal, personal, non-commercial purposes. Any use of our Services that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited. We may change, suspend or discontinue any aspect of our Services at any time, including the availability of any feature or content. We may impose limits on certain features of the Services, or restrict your access to all or part(s) of our Services, without notice to you. Continued use of our Services may require you to download new software releases. Unauthorized Uses The license to use the Services granted to users in these Terms does not include any right of collection, aggregation, scraping, duplication or any derivative use of the Services, nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission. Except in accordance with these Terms, you agree not to do any of the following without our prior written consent: - modify, translate into any language or computer language or create derivative works from any part of our Services; - decompile or reverse engineer any part of our Services; - sell, offer for sale, transfer or license any portion of our Services in any form to any third parties; - upload or transmit any material, document, image, information, data or other content using our Services that is in any way false, fraudulent, altered or misleading, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; - use our Services for the purpose of gathering information for or transmitting unsolicited commercial messages; - use our Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or - use our Services in a manner that violates any applicable law or regulation, or that interferes with or disrupts Interac, our service providers, our customers or the network(s) that support our service providers and customers or our Services. If you are aware of, or experience, any content, activity or communication through or in connection with our Services that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, please contact us. You are entirely responsible for maintaining the confidentiality of your login ID and password that may be used for any activity on our Services, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account, login ID, credentials or password, or any other breach of security about which you become aware. You may be held liable for losses incurred by us, our third party service providers, our customers or any other user of our Services due to someone else using your account, login ID, credentials or password as a result of you failing to keep such information confidential. You may not use anyone else’s account, login ID, credentials or password at any time without our express permission and consent. End User Information, Materials, Images and Documents It is your responsibility to ensure that all of your materials, documents, images, information, data or other content (“User Data”) submitted through our Services is accurate and up to date. We have no obligation to screen or review any User Data provided by users through our Services. All User Data submitted by you is your sole responsibility and we specifically disclaim any and all liability arising therefrom, except to the extent such liability arose from our breach of these Terms, is otherwise permitted under applicable laws, or is otherwise set out in this Agreement. You represent and warrant that you own or otherwise control and have all necessary legal rights to any User Data provided by you. We reserve the right to request proof of ownership or permission, and to refuse to permit the transmission of any User Data using our Services for any reason. Once you submit your User Data to Interac or to our service providers, you will not be able to cancel the transaction under which information generated by the Service is provided to our customers, including financial institutions. By submitting User Data, you grant to us a perpetual, worldwide, irrevocable, transferable, non-exclusive, royalty-free and fully paid-up license to use, display, analyze, modify, reproduce, distribute, transmit, create derivative works from such User Data in any manner to provide the Services. Privacy Any personal information you provide to us will be collected, used and disclosed in accordance with the privacy statement concerning the Services available here (the “Privacy Statement”). Information about your use of our Services, such as analytics data, transaction times and gross transaction volumes, may be included in an anonymized fashion in aggregate reports generated for marketing purposes or for our reasonable business purposes. You agree that through your use of and access to our Services, you consent to the collection, use and disclosure of your personal information, in accordance with our Privacy Statement, including the transfer of such information to countries other than your country of residence for storage, processing and use by us, our authorized service providers or their respective affiliates. You expressly agree that: - Interac or its service providers may share any of your User Data (including any personal information that is included in such User Data) with an Interac customer, which may include a financial institution, that has requested you to use our Services for the purposes of facilitating the provision of services to you; and - other data providers, which may include your mobile service provider (or its authorized agent), a credit bureau or your financial institution, are permitted to share information (including any associated personal information) with Interac or its service providers for the purpose of providing services to you or other Interac customers. When engaged in an Interac ® verification service sharing transaction, if you agree to share any User Data with an eligible service provider that participates in the Interac ® verification service (a “Relying Party”), you are providing express consent to share all personal information that is included in such User Data. All personal information shared through the Services shall be handled in accordance with this Agreement and our Privacy Statement. When you authorize your User Data, including any personal information, to be shared with a Relying Party through the Interac ® verification service, the Interac ® verification service user terms and conditions apply. We may disclose any information that we have about you (including your identity and other personal information) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our Services (for example, as a result of an actual (or suspected) unauthorized transaction), or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of our service providers or users of our Services, provided such information will be disclosed only in accordance with our Privacy Statement. We also reserve the right at all times to disclose any information (including your identity and other personal information) that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. Intellectual Property Rights The content, organization, graphics, images, logos, icons, audio clips, design, software, compilations, magnetic translation, digital conversion and other matters related to our Services are protected under applicable copyright, trademark, patent and other proprietary (including, but not limited to, intellectual property) laws and regulations. The copying, redistribution, use or publication by you of any such materials or any part of our Services, except as explicitly permitted under these Terms, is strictly prohibited. You do not acquire any ownership rights to any material, images, information, data or other content viewed through our Services or made accessible by our Services. Some of the material, images or content on our website or viewable through our Services may be the copyrighted work or otherwise proprietary material of third parties. The trademarks and logos of our customers used by us on our website or viewable through our Services are owned by our customers and used by us under license. You do not obtain any intellectual property rights or license in or to our customers’ trademarks or logos. Unsolicited Ideas and Feedback You may submit ideas or suggestions pertaining to our business, including the Services, to us, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. If you provide any ideas or suggestions to us, you agree that: (i) your submission and its contents, or any derivative work therefrom, will automatically become the property of Interac, without any compensation to you; (ii) Interac may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Interac to review or consider any submission; and (iv) there is no obligation to keep any submission confidential. Links to Third-Party Services The Services are designed to facilitate your interaction with various online services, websites and applications offered by Relying Parties participating in the Interac ® verification service and other third parties, including your access to or purchase of any products, services or information from them (“Third Party Offerings”). Third Party Offerings are provided by the applicable third party and are not provided as part of the Service. Your access to and use of any Third Party Offering, is governed by the terms and conditions respecting such Third Party Offering found on or through the applicable website, application or elsewhere (“Third Party Terms”). This Agreement does not change any Third Party Terms. You are solely responsible for fulfilling any commitments you make to the third party making the Third Party Offering available to you. Interac does not endorse or make any representations, warranties or guarantees with respect to any Third Party Offering, and expressly disclaims any liability to you with respect to any Third Party Offering. Limitation of Liability If you are a consumer within the meaning of applicable provincial or territorial consumer protection legislation, this section does not limit any legal rights that such legislation does not allow you as a consumer to waive. In particular, the limitation of Interac’s liability for the consequences of its acts will not apply if (1) the Consumer Protection Act (Quebec) applies to this Agreement, and (2) you are a consumer within the meaning of that Act and you reside or are domiciled in the Province of Quebec. The liability of Interac and its affiliates, service providers, customers (including financial institutions) and any other user of our Services and all of their respective directors, officers, employees and agents (collectively, “Released Parties” and each individually a “Released Party”) will be limited to the fullest extent permitted by applicable law. Interac is not charging you for the Services based, in part, on the allocation of liability between you and each Released Party as set out in this section. No Released Party will be responsible for lost profits, revenues, business or data; loss of privacy; damage to reputation; indirect, incidental, special, consequential, exemplary or punitive or other similar damages; or, to the extent permitted by law, direct losses or damages; in each case, relating to, arising out of, or in any way in connection with this Agreement or your use of or inability to use the Service, regardless of the cause of action (for example, contract, tort or otherwise), even if any Released Party has been advised of the possibility of such damages. No Released Party is responsible or liable for any use or disclosure by any third party (or Relying Party, as applicable) of User Data provided to that party through the Service. This Agreement sets forth the entire liability of the Released Parties and your exclusive remedy with respect to the Services and their use. Disclaimers You agree that your use of and access to the Services is at your sole risk. The Services are provided on an “as is” and an “as available” basis. No Released Party warrants the performance or results you may obtain by using the Services or that the Services will be error-free or uninterrupted, except to the extent any warranty, condition, representation or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction. Without limiting the foregoing, no Released Party makes any representations, warranties or conditions (express, implied or collateral whether by statute, common law, custom, course of dealing, usage of trade or otherwise) as to the Services including non-infringement of third party rights, merchantability, title, integration, security, accessibility, availability, accuracy, reliability, quiet enjoyment, satisfactory quality, or fitness for any particular or general purpose. Modifying, Suspending and Terminating our Services Modification We reserve the right at any time to modify the Services, including the addition, modification or removal of Service features or functionality (collectively, a “Modification”). All Modifications will be subject to this Agreement. Subject to the remainder of this section, if applicable, your use or continued use of the Services after implementation of a Modification will mean that you agree to that Modification and its applicability to you. Suspension We reserve the right to interrupt, restrict or limit your use of the Services (or any part thereof), or to temporarily or permanently suspend, discontinue or terminate the Services or your participation in it, at any time. Termination You may terminate this Agreement by providing us written notice at legal@interac.ca. This Agreement will terminate immediately without notice from us if you fail to comply with any provision of this Agreement, if we permanently terminate the Service or your participation in the Service or if your account, if any, is permanently closed by us for any reason. Upon the termination of this Agreement, you will no longer be able to access the Services. Disputes In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, we encourage you to contact us and we will make good faith efforts to resolve your concerns. General This Agreement represents the entire agreement between you and us concerning the Service. If any part of this Agreement is found to be void or invalid and unenforceable, it will not affect the validity of the remaining provisions of this Agreement, which will remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion will not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions will not be considered included for purposes of interpretation or application here of, but are for convenience only. Unless otherwise required by applicable law (1) you agree that you may not bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose, and (2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse. You may not assign this Agreement. We may, at any time and without notice to you, assign this Agreement to any successor provider of the Services. Without limiting the foregoing, we may, in our sole discretion, notify you of any assignment of this Agreement. The failure of Interac to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action, or creates other third party beneficiary rights. We reserve the right at any time to amend this Agreement by notifying you of such amendment. Your use or continued use of the Service after being notified of an amendment will mean that you agree to the new form of this Agreement, as amended. If you do not agree to an amendment, you must immediately stop using our Services. You may not amend this Agreement. We shall not be liable for unforeseen delays in performing any of our obligations under these Terms, or for delays that were not reasonably within our control, and will be entitled to a reasonable extension of time for the performance of such obligations. If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Quebec. Otherwise, you agree that this Agreement is governed by the laws of the Province of Ontario, and that any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto. Sections 3, 4, 6, 7, 8, 9 10, 12 and 13, and such other provisions that by their nature should survive termination will survive the termination of this Agreement for any reason. Interac and the Interac logo are trademarks of Interac Corp. Interac® document verification service – Privacy Policy This Privacy Policy explains how 2859824 Ontario Limited (“Interac”, “us”, “we”, “our”), a subsidiary of Interac Corp., collects, uses, discloses, stores, safeguards, processes and retains personal information in the course of offering and providing the Interac® document verification service. Our services facilitate digital identity verification capabilities, which may include document and facial recognition technologies along with data matching services that compares data from uploaded documents to data that you provide or that is generated or held by other data providers, including your mobile service provider (or its authorized agent), a credit bureau or your financial institution. This policy does not apply to the practices of companies or other entities that Interac does not own or control, or to people that Interac does not employ or manage. When you supply, or authorize us to supply, personal information to a third party, the third party’s handling of that personal information is governed by the third party’s privacy policy. What is “personal information”? “Personal information” means information about an identifiable individual. What personal information do we collect? Interac collects personal information that you provide or authorize third parties to provide when you register for, use or interact with our software, services or website. More specifically, Interac may collect your name, address, telephone number, email address, information from your mobile service provider (e.g., certain account or SIM card information, including date of last change), geographic location information, selfies, and images and information of documents that you upload or provide through our services, which may include images of your driver’s license, passport, health card, and other government issued documents. We may also collect information relating to the document status of any document that you upload or provide through our services, your internet protocol (IP) address, device ID and other similar information, including anonymized website usage data. How do we use personal information? We collect your personal information: - to provide you or third parties with services, including document validation and other digital identity services; - to provide support for our services, to respond to your queries and to send you information about our services; - on behalf of certain eligible service providers (each, a “Relying Party”) that participate in the Interac verification service operated by Interac, provided that Interac hosts certain components required for a Relying Party’s use of the Verified. Me service; - for legitimate business purposes, including record keeping and to protect our rights, to enforce our policies; and - to create aggregate information to enhance and optimize our services. When do we disclose personal information? 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We have implemented technical, organizational and physical security measures appropriate to the sensitivity of the information and that follow standard industry practices to safeguard your personal information. These measures are designed to protect your information from unauthorized, accidental or unlawful access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. How do you access your information or inform us about inaccurate information? It is your responsibility to inform us of any inaccurate personal information about you that is provided to us. You can request to access, correct, update and delete your personal information at any time by contacting our Privacy Office. How do you withdraw your consent to this policy? You may withdraw your consent to the collection, use and disclosure of personal information about you at any time. To do this, please contact our Privacy Office. 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By using our website and agreeing to this Privacy Policy, you consent to our use of cookies in accordance with the terms of this policy. We also collect, use, transfer and disclose data in a form that does not, on its own, permit direct association with any specific individual, including information about your electronic access device, such as its model, operating system, device ID and MAC address. Amendments to this Privacy Policy We may amend this Privacy Policy at any time, without notice to you, by updating this webpage or the application on which this policy is located. We will notify you of such a change by announcing the change on our website or providing a notice on our software application (or by such other means as may be appropriate given the circumstances). Your continued use of our website, software or services constitutes your consent to the contents of any updated policy. 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Opći uvjeti korištenja Sustavom Unisport, sastavljenom od mrežne stranice, mobilne aplikacije i sustava za prijavu natjecanja (skupno u daljnjem tekstu: Sustav Unisport) upravlja Hrvatski akademski sportski savez (u daljnjem tekstu: HASS). HASS je krovno tijelo akademskog sporta osnovano Zakonom o sportu, a registriran je pod OIB-om 71441471989 na adresi Trg Dražena Petrovića 1, 10 000 Zagreb. Pristupanjem Sustavu Unisport te njegovom sadržaju i uslugama, dajete svoju suglasnost ovim Općim uvjetima korištenja (u daljnjem tekstu: Uvjetima), Politici privatnosti te svim drugim obavijestima, uputama i pravilima propisanima od strane HASS-a, a sadržane u ovim Uvjetima. Ukoliko niste suglasni s ovim Uvjetima, molimo Vas da ne pristupate, odnosno koristite usluge Sustava Unisport. Ovi Uvjeti mogu biti mijenjani i ažurirani po nahođenju HASS-a. Molimo Vas da redovito pregledavate ove Uvjete radi upoznavanja sa možebitnim promjenama. Vaš nastavak korištenja Sustava Unisport nakon promjena Uvjeta znak je suglasnost na izmijenjene Uvjete. Upotreba Sustava Unisport Pristajete koristiti Sustav Unisport isključivo za namjene sukladne važećim propisima i na način koji neće ograničiti, naškoditi ili na drugi način otežati bilo čije korištenje Sustava Unisport te sukladno ovim Uvjetima i svim važećim propisima. Pristupanjem Sustavu Unisport pristajete da ćete pristupiti sustavu isključivo za privatne ili općenito nekomercijalne potrebe te da nećete koristiti Sustav Unisport za bilo koje komercijalne svrhe, uključujući reklamiranje ili prodaju usluga ili dobara. Pristupanjem također potvrđujete da nećete umnažati, mijenjati ili prilagođavati sadržaj Sustava Unisport za bilo koje svrhe osim privatne, nekomercijalne upotrebe. Bilo kakva upotreba sadržaja Sustava Unisport za bilo kakve drukčije vrste upotrebe zahtjeva prethodnu pisanu suglasnost HASS-a. Dijelovi ili cjelina Sustava Unisport mogu biti učinjeni dostupni isključivo registriranim članovima. Ukoliko imate identifikacijske podatke korisničkog računa, šifre ili druge podatke dobivene prilikom registracije ili korištenja Sustava Unisport, takve podatke morate smatrati povjerljivima te ih ne smijete učiniti dostupnima trećim stranama. Svi osobni podaci uneseni u Sustav Unisport prilikom registracije ili upotrebe biti će prikupljani, obrađivani i korišteni sukladno Politici Privatnosti. HASS pridržava pravo suspenzije, onesposobljavanja ili uklanjanja bilo kojeg korisničkog računa, bilo izrađenog od strane korisnika ili od HASS-a i predanog korisniku, u bilo kojem trenutku ukoliko HASS zaključi da se kao korisnik ne pridržavate bilo kojeg od ovih Uvjeta. Ukoliko imate manje od 16 godina, obvezni se ishoditi suglasnost roditelja ili skrbnika prije korištenja interaktivnih sadržaja u Sustavu Unisporta, uključujući, ali bez ograničenja, unos podataka u ili njihovo odašiljanje putem Sustava Unisport. Ukoliko ste mlađi do 16 godina ne smijete odavati bilo kakve osobne podatke o sebi ili bilo kojoj drugoj osobi, uključujući brojeve telefona, adresu boravišta ili prebivališta ili adresu elektroničke pošte, HASS-u ili drugim korisnicima Sustava Unisport. HASS ne snosi odgovornost ukoliko sadržaj Sustava Unisport nije u skladu sa propisima ili nije prikladan za prikazivanje u državama osim Republike Hrvatske. Vaša je odgovornost da svoje korištenje Sustava Unisport vršite sukladno svim primjenjivim propisima Vaše države. Intelektualno vlasništvo Svi podaci, tekstovi, dokumenti, grafike, logotipovi, dizajni, slike, fotografije, videi, tonski zapisi, aplikacije, ugrađeni medijski sadržaji, programi, interaktivni elementi, reklame i drugi sadržaji, usluge ili materijali ili njihovi dijelovi dostupni u Sustavu Unisport (u daljnjem tekstu: Materijali) zaštićeni su autorskim pravom, pravom korištenja autorskog prava, žigom ili drugim oblicima intelektualnog vlasništva i vlasništvo su HASS-a ili su u uporabi od strane HASS-a uz dozvolu sukladno relevantnim propisima. Niti jedna odredba ovih Uvjeta ne može se smatrati izravnom, neizravnom ili bilo kakvom drugom dozvolom za korištenje Materijala, niti za osnivanje prava korištenja Materijala osim na način izrijekom dozvoljen ovim Uvjetima. Osim u slučajevima predviđenima ovim Uvjetima, obvezujete se ne kopirati, spremiti, skladištiti ili na drugi način čuvati u bilo kojem obliku (uključujući na drugim mrežnim stranicama), čini dostupnim, prenositi ili na drugi način javnim učiniti bilo koji dio Materijala bez prethodne pisane suglasnosti HASS-a i vlasnika odgovarajućeg autorskog ili intelektualnog prava vlasništva gdje je to potrebno. Doprinosi korisnika Pažljivo pročitajte ovu glavu Uvjeta prije unošenja sadržaja u Sustav Unisport. Ukoliko ne želite da podaci budu korišteni na način propisan ovim Uvjetima, molimo Vas da ne unosite podatke u Sustav Unisport. HASS pridržava pravo da sada ili u budućnosti omogući korisnicima da unose sadržaje (uključujući tekst, fotografije, grafike, video ili zvučne materijale) u Sustav Unisport (u daljnjem tekstu: Doprinosi korisnika). Svako korištenje Sustava Unisport za unošenje Doprinosa korisnika ili radi kontakta sa drugim korisnicima Sustava Unisport mora biti sukladno Uvjetima. Prilikom unošenja Doprinosa korisnika obvezujete se da je sadržaj u skladu sa Uvjetima i da ćete naknaditi HASS-u svaki trošak proizašao iz kršenja obećanja. Prilikom unošenja Doprinosa korisnika, pridržavate autorska prava na Doprinosu korisnika koji ste unijeli. Unošenjem Doprinosa korisnika u Sustav Unisport (uključujući forume, blogove, društvene mreže, stranice za raspravu, foto album ili sustav za unos videa), a temeljem činjenice da HASS omogućava unošenje Doprinosa korisnika i koji smatrate dovoljnom kompenzacijom, neopozivo prenosite neisključivo pravo korištenja, distribucije ili prijenosa istih prava na treće osobe cijelog djela koje čini Doprinos korisnika bez naknade. HASS i njegovi sljednici ovlašteni su koristiti Doprinos korisnika na način da isti kopiraju, reproduciraju, izmijene, adaptiraju, reformatiraju, prevedu, učine djelom drugih djela, stvore derivativna djela iz istoga, odašilju, distribuiraju, komercijalno koriste ili na drugi način učine dostupnim javnosti u cijelosti ili dijelu u bilo kojem formatu koji trenutno postoji ili će tek biti razvije za cijelo razdoblje postojanja prava uključujući produžetke, obnove, oživljavanja ili produljenja prava, i to neograničeno. Pravo preneseno ovim Uvjetima nije isključivo te možete nastaviti koristiti Doprinos korisnika na bilo koji način i u bilo kojem obliku, uključujući i prenošenjem prava na treće osobe, dok god se ne koristi na način koji bi ometao prava prenesena na HASS. Dajete nam pravo te shodno tome HASS to pravo prenosi svim korisnicima Sustava Unisport neisključivo pravo vidjeti, čuti, pročitati, preuzeti, povezati na ili na drugi način pristupiti Vašem Doprinosu korisnika putem Sustava Unisport i na druge načine koristiti takve Doprinose korisnika sukladno mogućnostima Sustava Unisport i sukladno ovim Uvjetima. Vi snosite isključivu odgovornost za vaše Doprinose korisnika i posljedice njihova unošenja u Sustav Unisport. Potvrđujete da: a) je Vaš Doprinos korisnika Vaše originalno djelo i da ste Vi vlasnici svih prava na Doprinosu korisnika, odnosno da imate sve neophodne dozvole ili suglasnosti za korištenje Doprinosa korisnika te da dopuštate HASS-u da koristi sva prava intelektualno vlasništva (uključujući bez ograničenja i pravo korištenja) na svim takvim Doprinosima korisnika u cilju korištenja Doprinosa korisnika na način sukladan ovim Uvjetima; b) Doprinos korisnika ne sadrži elemente koji bi činili klevetu, bili neprimjereni, eksplicitni, pornografske prirode, prijeteći, uvredljivi, mogli biti smatrani prijetnjom, poticali na rasnu netrpeljivost, poticalni na kulturnu netrpeljivost, poticali na vjersku netrpeljivost, lažno se predstavljali, bili bi protivni presudama sudova, kršili propise ili poticali na ponašanje koje bi činilo prekršaj ili kazneno djelo ili bi doveli do novčane ili druge odgovornosti HASS-a ili na drugi način bilo neprimjereno ili suprotno propisima Republike Hrvatske ili drugih odgovarajućih propisa; c) nećete prikupljati, pribavljati, okupljati, odašiljati, reproducirati, izbrisati, izmijeniti, revidirati, pregledati ili prikazati bilo kakav materijal, podatak ili informaciju, bez obzira da li ih je moguće pojedinačno identificirati, koji su uneseni ili se odnose na drugu osobu, fizičku ili pravnu, u svezi sa Vašim Doprinosom korisnika ili u svezi sa Sustavom Unisport bez prethodne izričite dozvole te osobe (ili roditelja ili skrbnika osobe mlađe od 16 godina), bez obzira radi li se o fizičkoj ili pravnoj osobi; d) Doprinos korisnika ne sadrži računalni virus, korumpirane datoteke, botove, crve ili druge maliciozne programe namijenjen ometanju, uništenju ili ograničenju mogućnosti rada bilo kojeg softvera, hardvera, komunikacijskih mreža, servera ili druge opreme, niti da sadrži špijunske ili reklamne programe, trojanske konje ili drugi materijal namijenjen oštećenju, ometanju, presretanju ili otimanju podataka ili osobnih podataka; e) nećete krivotvoriti TCP/IP vodeće podatke ili bilo koje vodeće podatke Doprinosa korisnika iz bilo kojeg razloga; f) nećete unijeti bili kakav materijal ili na drugi način dovesti do odašiljanja neželjene elektroničke pošte poput smeća, lančanih poruka, upitnika, natjecanja, prijedloga piramidalnih shema, kopija poruka ili drugog ometanja ili pokušavanja dovođenja trećih u zabludu putem elektroničke pošte; i g) HASS neće biti obvezan platiti ili na bilo koji drugi način biti novčano odgovoran trećim osobama kao posljedicu korištenja ili iskorištavanja Doprinosa korisnika. Unošenjem Doprinosa korisnika odričete se svih moralnih ili sličnih prava koja postoje ili koja bi mogla biti uvedena u budućnosti u bilo kojem dijelu svijeta te HASS-u prenosite neisključiva prava korištenja bilo kojeg imena, korisničkog imena, imena koje se prikazuje, sličnosti, fotografije, potpisa ili biografskih podataka predanih HASS-u, sve bez naknade. Vi ćete biti obvezani pribaviti sve potvrde ili dozvole od trećih strana te predati iste HASS-u kada je to razumno i to zatraži HASS sukladno ovim Uvjetima. Doprinosi korisnika ne smatraju se povjerljivima i HASS ima pravo korištenja, umnožavanja, distribucije ili odavanja trećim stranama svog takvog materijala iz bilo kojih razloga. HASS ima pravo predati podatke bilo kojoj trećoj strani koja tvrdi da Vaš Doprinos korisnika krši prava intelektualnog vlasništva, prava privatnosti ili bilo koje drugo pravo sadržano u propisima Republike Hrvatske ili druge relevantne države. Uklanjanje materijala HASS ima pravo: (a) aktivno provjeravati Doprinose korisnika Sustavu Unisport; i/ili (b) ukloniti bilo koje Doprinose korisnika unesene u Sustav Unisport s Vaše strane ili od strane bilo kojeg drugog korisnik ukoliko HASS smatra, po vlastitom nahođenju, da takvi Doprinosi korisnika krše ove Uvjete. HASS pridržava pravo da u bilo koje vrijeme i bez snošenja odgovornosti, sa ili bez prethodne obavijesti: (a) spriječiti objavu bilo kojeg Doprinosa korisnika u Sustavu Unisport; (b) ukloniti pristup, suspendirati pristup, ograničiti pristup ili onemogućiti pristup bilo kojem Doprinosu korisnika; (c) ukinuti Vašu prijavu u Sustav Unisport, ukoliko je to moguće, te ukinuti pravo pristupa i/ili korištenja Sustava Unisporta ili unošenja Doprinosa korisnika; te (d) koristiti bilo koja tehnološke, pravne, operativne ili druge mjere za provođenje ovih Uvjeta, uključujući i blokiranje IP adresa, deaktivaciju korisničkog računa i/ili korisničkog imena ili šifre. Ukoliko ste nositelj prava ili opunomoćenik ili ovlašteni predstavnik nositelja prava i vjerujete da bilo koji sadržaj, uključujući i Doprinose korisnika, koji se pojavljuje u Sustavu Unisport krši Vaša prava i želite da HASS ukloni, ograniči ili onemogući pristup sadržaju, molimo Vas da nas obavijestite elektroničkom poštom sa naslovom „Zahtjev za uklanjanje“ na glavnu adresu elektroničke pošte HASS-a dostupnu na mrežnim stranicama HASS-a. U poruci elektroničke pošte morate istaknuti sljedeće podatke: a) Detalje sadržaja za koje tvrdite da krše Vaša prava ili kojim se vrši kršenje Vaših prava, zajedno sa podacima dostatnima za HASS da točno utvrdi o kojem se sadržaju radi, uključujući poveznicu na mrežnu stranicu i/ili sliku sadržaja; b) Vaše kontakt podatke pomoću kojih HASS može stupiti u kontakt s Vama poput adrese za dostavu pošte, broja telefona ili adrese elektroničke pošte; te c) Vašu izjavu da: - ste Vi nositelj prava ili opunomoćenik ili ovlašteni predstavnik nositelja prava s ovlastima nastupanja u ime nositelja prava; - vjerujete, u dobroj vjeri, da korištenje sadržaja na koji polažete prava nije dopušteno od strane nositelja prava, njegovih ovlaštenika ili propisima; - su podaci sadržani u Vašoj obavijesti istiniti i točni. Pouzdanost informacija Sustava Unisport Podaci objavljeni putem Sustava Unisport namijenjeni su isključivo za potrebe dobivanja općih podataka i nisu namijenjeni da bi služili kao savjeti. HASS ne pruža garanciju da su objavljeni Materijali točni ili bez greške i HASS se odriče sve odgovornosti koja bi proizašla iz oslanjanja na istinitost sadržaja Sustava Unisport s Vaše strane ili od strane bilo koga tko se informirao pomoću sadržaja Sustava Unisport. Korištenjem Sustava Unisport potvrđujete da možete biti izloženi Materijalima iz raznih izvora te da HASS ne snosi odgovornost za njihov sadržaj, istinitost, točnost, korisnost ili sigurnost. Doprinosi korisnika ne odražavaju stavove HASS-a i sva mišljenja, preporuke ili savjeti sadržani u Doprinosima korisnika nisu odgovornost HASS-a te HASS ne snosi bilo kakvu odgovornost u svezi sa Doprinosima korisnika ili bilo kojim drugim materijalom. HASS planira ažurirati Sustav Unisport redovito te može mijenjati sadržaj Sustava Unisport u bilo kojem trenutku. HASS može ograničiti ili spriječiti pristup Sustavu Unisport u bilo koje vrijeme i u bilo kojem trajanju, uključujući neograničeno, isključivo po vlastitom nahođenju. Materijali mogu biti zastarjeli u bilo kojem trenutku i HASS ne snosi odgovornost za njihovo ažuriranje. Garancije i odricanje od odgovornosti Sustav Unisport dostupan je u stanju kakvom je zatečen od strane korisnika i u dostupnosti kakvu korisnik ima, bez uspostave obveze bilo kakve vrste. HASS, unutar ograničenja sadržanih u relevantnim propisima, ne pruža garanciju, niti snosi ikakvu odgovornost za Sustav Unisport ili za Vaše korištenje Sustava Unisport, uključujući za kvalitetu, primjerenost određenoj svrsi, tajnost, točnost, kompatibilnost sa sustavima ili primjerenost određenoj svrsi. HASS ne pruža garanciju da će funkcije sadržane u Materijalima ili u Sustavu Unisport biti u funkciji, raditi bez prekida ili bez greške, da će nedostaci biti uklonjeni ili da će Sustav Unisport ili njegovi serveri biti dostupni i bez virusa ili grešaka. Ograničenje odgovornosti HASS ne snosi odgovornost za Doprinose korisnika unesene u Sustav Unisport od strane korisnika. Vaše korištenje Sustava Unisport, Materijala i/ili bilo kojih Doprinosa korisnika je isključivo na Vašu odgovornost. U najvećoj mogućoj mjeri dozvoljenoj propisima, HASS isključuje bilo kakvu odgovornost za propuštenu korist, izravnu, neizravnu, posljedičnu, ili drugu vrstu gubitka ili štete, bez obzira da li su takvi gubici ili šteta bili predviđeni, predvidivi, poznati ili nepoznati, koji proizlaze iz korištenja Sustava Unisport uključujući: (a) štete nanesene osobama i/ili imovini kao posljedica bilo kakve izjave, uključujući možebitne stvarne ili potencijalne klevetne izjave; (b) štetu ili propuštenu korist koju pretrpi treća strana, uključujući neovlašteno korištenje ili ometanja njihovog prava intelektualnog vlasništva; (c) gubitak podataka; (d) propuštenu korist uopće; (e) gubitak posla ili poslovnih kontakta; (f) gubitak poslovnih mogućnosti; (g) gubitak ušteđevine ili propuštene ušteđevine; (h) gubitak uredovnog vremena; ili (i) gubitak časti ili štetu nanesenu ugledu. Ovo ograničenje ne odnosi se na odgovornost HASS-a za smrt ili ozljedu proizašlu iz grube nepažnje ili namjerne prijevare sukladno propisima, kao i u drugim slučajevima u kojima se, sukladno važećim propisima, ne može ograničiti ili otkloniti odgovornost. HASS ne snosi odgovornost za kršenje ovih Uvjeta u okolnostima koje HASS nije predvidio i/ili na koje ne može utjecati. Naknada troškova Obvezujete se nadoknaditi HASS-u u cijelost za bilo koje troškove zaposlenika, punomoćnika, vanjskih savjetnika ili suradnika, predstavnika ili operativnih troškova na zahtjev HASS zbog bilo kojih zahtjeva, postupaka, šteta, gubitaka, odgovornosti, troškova ili drugih izdataka pretrpljenih izravno ili neizravno kao posljedica ili u svezi sa Vašim pristupom i korištenjem Sustava Unisport osim onih nastalih tijekom pridržavanja ovih Uvjeta ili pridržavanja relevantnih propisa. Virusi, hakiranje i druga djela Ne smijete zloupotrijebiti Sustav Unisport unošenjem, prijenosom ili namještanjem slanja računalnih virusa, korumpiranih datoteka, botova, crva, trojanskih konja, vremenskih ili logičkih bombi, programa za bilježenje unosa znakova na tipkovnici, špijunskih ili reklamnih programa ili drugih materijala namijenjenih oštećenju, ometanju, presretanju ili otimanju podataka ili osobnih podataka. Ne smijete pokušati ostvariti neovlašten pristup Sustavu Unisport, serverima koji ga opslužuju, računalima ili bazama podatka povezanima sa Sustavom Unisport. Ne smijete napadati Sustav Unisport putem napada poput onemogućavanja opsluživanja, distribuiranog onemogućavanja opsluživanja ili bilo kakvog drugog napada. Svako kršenje ovih odredi predstavlja kazneno djelo sukladno Kaznenom Zakonu (NN 125/11, 144/12, 56/15, 61/15, 101/17, 118/18, 126/19, 84/21), a osobito njegove Glave dvadeset i pete (XXV) Kaznena djela protiv računalnih sustava, programa i podataka. HASS će prijaviti bilo kakvo kršenje nadležnim vlastima i podržati istragu predajom Vaših podatka vlastima. U slučaju takvog kršenja, istovremeno se odričete bilo kakvog prava korištenja Sustava Unisport. HASS neće snositi odgovornost za štetu ili propuštenu korist nastalu kao posljedica napada, virusa ili drugih tehnološki štetljivih materijala koji mogu inficirati Vaše računali, programe na njemu, podatke ili druge zaštićene materijale proizašlih kao posljedicu korištenja Sustava Unisport, Vašeg preuzimanja Materijala ili bilo kojeg materijala na mrežnim stranicama čije se poveznice mogu naći u Sustavu Unisport. Poveznice na i iz Sustava Unisport Smijete staviti poveznicu na bilo koju glavnu mrežnu stranicu Sustava Unisport bez prethodne pisane suglasnosti HASS-a, pod uvjetom da se u potpunosti pridržavate ovih Uvjeta. Ne smijete staviti poveznicu na bilo koji dio Sustava Unisport osim glavne mrežne stranice bez prethodne pisane suglasnosti HASS-a (suglasnost se pretpostavlja u svezi sa aplikacijama ili ugradbenim sustavima za pregled videa ili zvuka koji HASS učini dostupnim, pod uvjetom da ih koristite na način koji je sukladan ovim Uvjetima i bilo kojim drugim uputama objavljenima putem Sustava Unisport). HASS pridržava pravo opoziva prava na stvaranje poveznica bez prethodne obavijesti. Mrežna stranica sa koje povezujete na Sustav Unisport mora biti u skladu sa svim standardima i uvjetima. Sustav Unisport ne smije biti ugrađen u druge mrežne stranice. Bilo koje poveznice na Sustav Unisport moraju biti izrađene na zakonit način i u dobroj vjeri te ne smiju nanijeti štetu časti i ugledu HASS-a ili zloupotrijebiti iste. Ne smijete postaviti poveznicu na način kojim bi se dovelo treće u zabludu oko Vaše povezanosti, suradnje, predstavljanja, suglasnosti ili podrške HASS-a gdje ista ne postoji. Poveznice na Sustav Unisport ne znače podršku HASS-a, povezanost HASS-a ili suradnju HASS-a sa bilo kojom stranicom čija se poveznica nalazi u Sustavu Unisport niti da je bilo koja stranica sa poveznicom ima pravo korištenja zaštićenih znakova, žiga, industrijskog dizajna, logotipa ili drugog intelektualnog vlasništva HASS-a ili HASS-ovih partnera. Poveznice na Sustav Unisport nisu dopuštene na bilo kojem od sljedećih „Neprihvatljivih mrežnih stranica“: a) Mrežne stranice koje potiču mržnju temeljenu na rasi, vjeri, spolu, seksualnosti ili drugim razlozima, ili potiču, šire ili omogućuju anti-socijalno ponašanje; b) Mrežne stranice koje potiču, promiču ili omogućuju nasilje; c) Mrežne stranice koje potiču, promiču ili omogućuju terorizam ili druge aktivnosti koje škode državnoj sigurnosti ili opstojnosti Republike Hrvatske; d) Mrežne stranice koje diskriminiraju protiv bilo koje društvene skupine ili na drugi način iskorištavaju ranjive osobe ili skupine u društvu; e) Mrežne stranice koje potiču, promiču ili omogućuju protuzakonite aktivnosti; f) Mrežne stranice čiji sadržaj dovodi korisnike u zabludu, koji je klevetničkog karaktera, pornografske prirode ili sadrže materijali koji su protivni važećim propisima Republike Hrvatske; te g) Mrežne stranice koje krše prava privatnosti. Reklamiranje i sponzorstva Dio ili cjelina Sustava Unisport može povremeno sadržavati reklame ili obavijesti o sponzorstvu. Osobe čije se reklame prikazuju, odnosno sponzori, odgovorni su za vlastiti sadržaj te su obvezni osigurati da svi materijali podneseni radi uključenja u Sustav Unisport budu u skladu sa važećim propisima i ovim Uvjetima. HASS ne snosi odgovornost za bilo kakve greške ili nejasnoće u reklamnim ili sponzorskim materijalima. Softver HASS može omogućiti preuzimanje softvera koji je vlasništvo HASS-a ili na kojem HASS ima pravo korištenja i distribucije putem Sustava Unisport. U navedenom slučaju, imate neisključivo pravo koristiti takav softver za njegovu istaknutu namjenu. Softver se ne smije koristiti za bilo koje druge svrhe te se ne smije kopirati, prodavati, rastavljati, mijenjati ili na druge načine utjecati na softver. Privatnost HASS se pridržava svih relevantnih propisa o zaštiti privatnosti. Svi osobni podaci predani HASS-u tijekom postupka registracije ili bilo koje druge interakcije sa Sustavom Unisport biti će prikupljane, spremane i korištene sukladno Politici privatnosti. Korištenjem Sustava Unisport dajete suglasnost na takvo prikupljanje i obradu te potvrđujete da su podaci koje ste dali ispravni i istiniti. Sustavi obavještavanja, aplikacije i ugrađeni sustavi za pregled medija Preuzimanjem ili povezivanje sustava obavještavanja, aplikacija i ugrađenih sustava za pregled medija Sustava Unisport na Vašoj mrežnoj stranici obvezujete se pridržavati se ovih Uvjeta, osobito uključujući uvjeta sadržanih u glavi „Sustavi obavještavanja, aplikacije i ugrađeni sustavi za pregled medija“ i glavi „Poveznice na i iz Sustava Unisport“. Sukladno ovim Uvjetima, HASS daje neprenosivo i neisključivo pravo da bez naknade prikazujete na Vašoj mrežnoj stranici aktivne poveznice ili druge podatke koje možete preuzeti posredstvom sustava obavještavanja, aplikacija i ugrađenih sustava za pregled medija Sustava Unisport (u daljnjem tekstu: Unisport sadržaji). Niste ovlašteni izravno ili neizravno naplaćivati korisnicima pristup Unisport sadržajima ili na drugi način steći dobit iz takvih sadržaja, niti ste ovlašteni preprodavati Unisport sadržaj na bilo koji način. Sustavi obavještavanja, aplikacije i ugrađeni sustavi za pregled medija ne smiju se koristiti za gospodarske djelatnosti. Ne smijete izravno ili neizravno mijenjati, ažurirati, dodavati ili skraćivati Unisport sadržaje ili bilo koji sadržaj Sustava Unisport niti postaviti Unisport sadržaje u novi HTML okvir. HASS može ograničiti, obustaviti ili ukinuti sustave obavještavanje, sadržaje aplikacija i ugrađenih sustava za pregled medija, prenesena prava i suglasnosti ili pristup sustavima obavještavanja, aplikacijama i ugrađenim sustavima za pregled medija ili Unisport sadržajima u bilo kojem trenutku i bez odgovornosti za time nastale posljedice. Obvezujete se uništiti ili izbrisati svim kopijama sustava obavještavanja, aplikacija i ugrađenih sustava za pregled medija Sustava Unisport te svom Unisport sadržaju po primitku obavijesti o obustavi od strane HASS-a. Potvrđujete da: a) Vaša mrežna stranica nije „Neprihvatljiva mrežna stranica“ sukladno ovim Uvjetima te da ne sadrži materijal koji dovodi korisnike u zabludu, koji je klevetničkog karaktera, pornografske prirode ili sadrže materijali koji su protivni važećim propisima Republike Hrvatske, odnosno koji bi mogao naškoditi ugledu HASS-a ili koji krši prava intelektualnog vlasništva trećih; te b) korisnici Vaših mrežnih stranica obvezni su pridržavati se uvjeta ekvivalentnih onima sadržanima u ovim Uvjetima u pogledu Unisport sadržaja. Red primjene U slučaju sukoba između ovih Uvjeta i odredbi koje se nalaze u Sustavu Unisport u svezi sa specifičnim područjem ili aspektom rada Sustava Unisport, primjenjivati će se odredbe koje se odnose na specifično područje ili aspekt rada. Proglašenje odredbi nevažećim Ukoliko bi bilo koja od odredbi ovih Uvjeta bila proglašena protuzakonitom, nevaljanom ili na drugi način neprimjenjivom sukladno propisima država za koje postoji namjera primjene ovih Uvjeta, takva odredba biti će uklonjena iz Uvjeta sukladno ograničenjima i dosegu nadležnosti gdje je odredba proglašena protuzakonitom, nevaljanom ili na drugi način neprimjenjivom, dok će sve ostale odredbe ovih Uvjeta ostati na snazi te nastaviti obvezivati sve strane. Nadležnost u slučaju spora Ovi Uvjeti sastavljeni su sukladno propisima Republike Hrvatske. Za sve sporove proizašle iz ovih Uvjeta ili iz Sustava Unisport utvrđuje se nadležnost suda u Zagrebu.