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PRIVACY POLICY

ACCEPTANCE OF THE PRIVACY POLICY

 

Please read this Privacy Policy carefully before using the website.

 

The website and its content are owned by Orchard Technology Inc. (“Company”, “We”, “Our” or “Us”). The term “You” or “Your” means the individual, user, website visitor and/or business accessing or using the services provided through or by Company via www.myorchard.com/ (“Website”) or any other application or website that links to or directly provides this Privacy Policy (collectively “Sites”). This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Sites shall be limited to the purposes under this Privacy Policy.

 

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

 

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.

 

We use Your Personal Identifiable Information (defined below) to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

 

Information We May Collect

 

We understand your desire for privacy and recognize that you trust us with your personal and financial information. We collect personal identifiable information (“PII”) as defined in the Personal Information Protection and Electronic Documents Act S.C. 2000, c.5 (“PIPEDA”) from you so that we can provide you with a positive experience when utilizing our Website or content, as well as, to verify Your identity. We will only collect the minimum amount of information necessary for us to fulfil our legal, contractual and personal obligation to you.

 

Please be advised that the practices described in this Privacy Policy apply only to information gathered by the Sites and any personal information we may also receive about you from other online and offline sources, such as public databases, in connection with an application you submit for services. However, if you or the entity you are authorized to represent have previously entered into a services agreement with Company that governs the provision of transaction processing services (“Services Agreement”), the Services Agreement, not this Privacy Policy, governs each party’s rights and obligations with respect to Cardholder Data, Transaction-related information (as those terms are defined in the Services Agreement) and other information gathered or submitted in connection with the transaction processing services provided under the Services Agreement are set forth in the Services Agreement. If the same information is both gathered by the Site and gathered or submitted in connection with the transaction processing services provided under the Services Agreement, the terms of the Services Agreement will govern each party’s rights and obligations with respect to such information. To the extent permitted by law, in the event this Privacy Policy conflicts with the terms of any Services Agreement or other agreement with us, the terms of such Services Agreement or other agreement shall control.

 

The information we collect about you falls into general categories – information you provide to us and information that is automatically collected about you when you use our Sites and information, we gather from other third parties. This information may be personal information or anonymous information as described in this Privacy Policy.

 

Anonymous Information

 

Anonymous Information (“A.I.”) means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual or business. You could provide A.I. or it could be collected automatically. Examples may include information about your internet browser, device information about your device you use to access the Site (this information may include geolocation information and unique device information), demographic data such as city and state, usage information about your use of the Site, additional traffic data such as time and date of access, software crash reports, session identification numbers and access time, and other information regarding your use of the Site.

 

To help us better understand our markets, we may also gather information for analytical purposes by conducting customer surveys, and by extracting demographic information from existing files.

 

Personal Information

 

Personal Information refers to information that identifies (whether directly or indirectly) a particular individual or business entity. Examples may include your name, postal address, email address, telephone number, Social Insurance number, Business registration or applicable tax identification number, birthdate, banking information or other information.

 

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at the address below in the Privacy Policy.

 

Use of Your Personal Data

 

The Company may use Your Personal Data, including but not limited to, for the following purposes:

  • To provide and maintain our service, including monitoring the usage of our service.
  • To manage Your user account.
  • For the development, compliance and undertaking of the purchase contract for the products, items or services You purchased or of any other contract with Company through the Service.
  • To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless opted out notice has been received in accordance with this Privacy Policy.
  • To and manage Your personal requests.
  • To optimize and enhance Company services.
  • To comply with legal and regulatory requirements as defined in detail below.
  • To detect and prevent fraud.

 

We may share Your personal information in the following situations:

  • Service Providers– we may share Your personal information with Service Providers so that they can provide us with services, including identity verification, fraud detection and prevention, security threat detection, payment processing, customer support, data analytics, information technology, advertising, marketing, data processing, network infrastructure, storage, transaction monitoring.
  • Business transfers– we may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • Affiliates– we may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Company.
  • Business Partners– we may share Your information with Our business partners to offer You certain products, services or promotions.
  • Professional Advisors– we may share your Personal Information with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
  • Other Users– when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed. If You interact with other users or register through a third-party social media service, Your contacts on the third-party social media service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • Law Enforcement– under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (described further below).

 

Tracking Technologies and Cookies

 

We use Cookies and similar tracking technologies to track the activity on Our service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our service.

 

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

 

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

 

Retention of Your Personal Data

 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

 

Transfer of Your Personal Data

 

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

 

Your consent to this Privacy Policy, followed by Your submission of such information, represents Your agreement to that transfer.

 

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

 

Children’s Online Privacy Protection Act Compliance

 

We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content are directed to individuals who are at least 18 years old or older.

 

Law Enforcement & Other Legal Requirements

 

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

 

Security of Your Personal Data

 

We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.

 

Anti-Spam Policy

 

We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the Canadian Anti-Spam Legislation (CASL) by never sending out misleading information. We will not sell, rent or share your email address.

 

What Are Your Privacy Rights

 

As explained above, we collect Personal Information in various ways depending upon your use of our Website. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreements; and (3) as necessary for our legitimate interests in providing services where those interests do not override your fundamental rights and freedom related to data privacy.

 

Personal Information we collect may be transferred to, and stored and processed in, Canada, the United States or any other country in which we or our affiliates, partners, or service providers maintain facilities.

 

If you are a resident of Canada, the United States, European Union, European Economic Area, Channel Islands or Switzerland, you are entitled to the following rights. Please note, in order to verify your identity, we may require you to provide us with Personal Information prior to accessing any records containing information about you.

 

The Right to Access: You have the right to obtain information about our processing of personal data and a copy of your personal data that we store.

 

The Right to Rectify your Data: You have the right to request that we update your personal data if it is inaccurate or incomplete.

 

The Right to Request Data Erasure: You have the right to have your Personal Information erased from our files if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.

 

The Right to Restrict or Object to Our Processing: You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

 

The Right to Lodge a Complaint: You have the right to lodge a complaint about our data collection and processing actions with your data protection authority. Contact details for data protection authorities can be found below in this Privacy Policy.

 

You may unsubscribe from our company communications or updates at any time through the unsubscribe link at the footer of all email communications.

 

Orchard Privacy Officer

 

We have appointed a Privacy Protection Officer (PPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the PPO using the following information:

 

Email: support@myorchard.com
Mail: MyOrchard Customer Service
Attention: Privacy Protection Officer
Address: 1055 West Hastings Street, Suite 2130
Vancouver BC, V6E2E9

 

If you do not receive acknowledgement of your inquiry or complaint or if your inquiry or complaint has not been addressed to your satisfaction, you may contact the Office of the Privacy Commissioner of Canada:

 

30 Victoria Street,
Gatineau, Quebec,
KIA 1H3
Phone: 1-800-282-1376
Fax: 819-994-5425
www.priv.gc.ca>

 

Personal Data Management

 

According to the Privacy Policy, you agree to share your personal data with our Service. However, you still have the right to update, transfer or delete it from us.

 

Links to Third-Parties Websites

 

Our service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

 

We have no control over and assume no responsibility or liability for the content, privacy policies or practices of any third-party sites or services.

 

Changes to this Privacy Policy

 

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and update the “Last updated” date at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Contact Us

Orchard Technology, Inc. 

Email: support@myorchard.com 

Mail: MyOrchard Customer Service 

Attention: Privacy Protection Officer 

Address: 1055 West Hastings Street, Suite 2130 

Vancouver BC, V6E2E9 

 

Effective Date: June 27, 2022