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Last Updated: October 06th, 2022

Your privacy and personal information are very important to us. The personal information OGGI Technologies Ltd. doing business as ClearSource (“OGGI”, “Us”, “us”, “our”, “Our”, “We” and “we”) collect about you (“You”, “you”, “Your”, “your”, or the “User”) is managed in accordance with this Privacy Policy (“Policy” or “Privacy Policy“).  OGGI makes available a cloud-based software that provides a portal for its ClearSource vendor management and purchasing platform, which acts as a conduit to connect contractor Users and distributor Users (the “ClearSource Platform“).  This Privacy Policy applies to the collection, use and disclosure of your personal information, including personal information relating to your use of the http://www.clearsource.ca website or affiliated sites providing OGGI Services (the http://www.clearsource.ca website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Site“), our cloud-based software that provides a portal for our ClearSource vendor management and purchasing platform and any and all other services offered by OGGI (the “Services“).

BY SIGNING UP TO USE THE SITE, BY CREATING AN ACCOUNT ON THE SITE, OR BY MAKING ANY OTHER USE OF THE SITE, THE CLEARSOURCE PLATFORM OR ANY OTHER SERVICES, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS POLICY.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SIGN UP TO USE THE SITE, CREATE AN ACCOUNT ON THE SITE, OR OTHERWISE SIGN UP FOR THE CLEARSOURCE PLATFORM OR ANY OTHER SERVICES THROUGH THE SITE.

1. Privacy Commitment and Personal Information

We collect, use and disclose personal information to operate our business and as required by law. Personal information is information about an identifiable individual, or any information that identifies you as an individual, as defined in the Personal Information Protection and Electronic Documents Act and in any applicable provincial legislation, including the Alberta Personal Information Protection Act (PIPA).  It includes information that you provide to OGGI or that OGGI collects from any third party.

Personal information that we collect, use and disclose to and or from other sources may include, but is not limited to, your name, address, phone number, email, company name, and industry. Any personal information in the custody and control of a third party or agent acting on behalf of OGGI in another province or country is subject to the laws of that jurisdiction and may be collected, used or disclosed without your knowledge or consent where required or permitted by law.

2. Changes to Privacy Policy

This Policy describes our current privacy practices. We update this Policy on an ongoing basis to ensure consumers, applicants, customers and service providers, are aware of updates to our privacy practices, to streamline those practices and to comply with applicable laws. Please visit this site regularly for updates.

OGGI may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify this Policy and/or impose new or additional rules, policies, terms, or conditions on You.  Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms“) will be effective immediately upon the Revised Terms being posted to the Site or by OGGI otherwise making them available to You (as the case may be).

In particular, when OGGI launches its vendor management and purchasing platform, OGGI will post Revised Terms governing your use of the ClearSource vendor management and purchasing platform and software to this Policy and post it to the Site, or will otherwise make them available to You.  Any continued use of the Site, and/or OGGI’s ClearSource vendor management and purchasing platform, following such posting of the Revised Terms to this Policy or by OGGI otherwise making them available to You (as the case may be), will be deemed to constitute acceptance of and consent to the Revised Terms.

3. Accountability

We are responsible for personal information in our possession or custody, as well as personal information transferred to a third party for processing. More details on our third parties are provided below under “Limiting Use, Disclosure and Retention”.

4. Information We Collect, and Limiting Collection

OGGI collects information about identifiable individuals.  Except where information is required to fulfill an identified purpose, you get to decide what information you want to share with us.  OGGI only collects such Personal information as is reasonably necessary for OGGI to fulfill the purposes as set out in this Privacy Policy.

Through the ClearSource Platform and Services and the Site, OGGI collects information about identifiable individuals (“Personal Information“) relating to use of the Site, the ClearSource Platform, and the Services by users, which may include but may not be limited to the following information:

  1. contact information that you provide us in connection with creating and maintaining an account registered with OGGI to enable you to use features of the Site, the ClearSource Platform, and the Services (an “Account“), including the e-mail address(es), name(s), address(es), and telephone number(s) of you, your organization, and/or your organization’s employees and authorized users who use the Site and/or the Services and ClearSource Platform. When you provide information about others, including about your employees and authorized users who use the Site and/or the Services and ClearSource Platform, we expect that you have the authority to consent to its collection, use, and disclosure as outlined in this Privacy Policy. We may keep the information described above along with other information about you in our records, even after your Account is closed;
  2. demographic information that you provide us in connection with creating your Account or using the Site and the ClearSource Platform or other Services, which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites;
  3. usage information, including the information created from your use of the ClearSource Platform or other Services and the Site, including metadata generated from and location information regarding your use of the Site and log data recording when you have used the Site;
  4. information that you provide to us for the purpose of obtaining or receiving updates about new products, promotions and services, and/or obtaining or receiving notifications, including e-mail notifications;
  5. contact information and address information associated with social media and other Internet accounts that you provide to us, including web address, profile and related information associated with your social media and other Internet accounts;
  6. geolocation information including information about your location and time zone through which you access the Site, the ClearSource Platform, and Services; and
  7. information about your online activity; for example, information about your web browser, Internet Protocol (IP) address, use of the Site, and history. Cookies (small computer files that a website’s server places on your computer) collect information about your online behaviour. You can set your browser to reject cookies, but this may impair our ability to customize and test your experience, like remembering your preferred language or present location-specific information to you. By using and browsing the Site, you consent to cookies being used in accordance with this Privacy Policy. If you do not consent, you must disable cookies or refrain from using the Site.  Cookies do not typically contain personal information, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

With respect to the Personal Information of any third parties that you may provide to OGGI in connection with your use of the Site and/or the ClearSource Platform or other Services, you are responsible for ensuring that you have any such third party’s consent to the collection, use, and disclosure of their Personal Information in accordance with the terms of this Privacy Policy, and you hereby represent and warrant that you have such consent.

5. Identifying Purposes and Use of Personal Information

We will clearly identify the purposes for which personal information is collected, used or disclosed prior to, or at the time of, collection, and as in our customer agreements and disclosures. Personal Information submitted to us, whether through the Site and/or the ClearSource Platform or other Services, or otherwise, may be used by us for the purposes specified in this Privacy Policy or as specified on the relevant pages of the Site or otherwise specified in connection with the ClearSource Platform or other Services, and you hereby consent to same.  By registering to create an Account, by using the ClearSource Platform, or otherwise using Services by or through the Site, you consent to the use of your Personal Information as indicated in this Privacy Policy.  You may correct, amend, update, or delete your Personal Information and change other privacy preferences at any time by signing into your Account.  If at any time you decide to retract your consent to this Privacy Policy, you will no longer be able to make use of the Site, the ClearSource Platform, or the Services until you reissue your consent.

OGGI may use your Personal Information to (and you hereby consent to each of the following uses):

  1. Process your applications for setting up an Account with us or otherwise registering to use our Site, the ClearSource Platform, and the Services;
  2. provide, update, maintain, administer and operate the Site and deliver and enable your use of the ClearSource Platform or any other Services in connection with your use of the Site;
  3. for Personal Information relating to contractor Users and distributor Users, process RFQs and other submissions from contractor Users through the Site, the ClearSource Platform, and the Services, and process responses and quotations from distributor Users submitted through the Site, the ClearSource Platform, and the Services;
  4. provide you with offers, advertising and marketing. Your Personal Information may be used to determine your suitability, or to directly communicate with you, for targeted advertising, marketing, promotions, rewards programs, research or contests, or to notify you about OGGI-related news, products, offers, surveys or promotions.  You may opt out of receiving such information by: (i) logging into your Account and disabling certain communication options; or (ii) clicking the unsubscribe link at the bottom of any marketing email you receive from OGGI.  You may see advertisements for the ClearSource Platform, our Services or the products available through the ClearSource Platform or other Services on our Site or on third-party websites, based on your online or mobile activity and information you have shared with third parties;
  5. develop tools and features through the use of other information to assess trends in use, search functionality, and other features of the Site, the ClearSource Platform, and the Services;
  6. communicate with Users and contributors;
  7. set up Accounts, maintaining Accounts, and related activities;
  8. inform you of other products, promotions or services available from OGGI and its partners;
  9. deal with inquiries, complaints, submissions and feedback relating to the ClearSource Platform, the Site, and/or the Services; and
  10. verify compliance with agreements between you and us, including the Terms and Conditions associated with the Site, the ClearSource Platform, and the Services.

OGGI provides the ClearSource Platform and Services as a cloud-based vendor management and purchasing platform to connect contractor Users and distributor Users, and OGGI does not review, assess, process, or approve RFQs, item listings, and other submissions through the Site and ClearSource Platform or other Services, or responses to RFQs and other submissions through the Site, the ClearSource Platform, and the Services. OGGI offers no representation, warranty, or guarantee that RFQs or other submissions or their responses will be approved or accepted.

We may use your personal information to contact you. Your Personal Information allows us to contact you by various methods, including mail, email, SMS message, app push notification, and telephone at the contact points you have provided to us. We will contact you to respond to your questions, proactively provide you with information about your Account with us, inform you about the ClearSource Platform or our Services or products available through our Services, and update you on changes to our Site, the ClearSource Platform, and the Services that we provide. We may use your Personal Information to send you important updates about your application status and account opening disclosures, and to send you important or useful messages about your Account. When you communicate online or by email, you should be aware that sending information over the internet is inherently insecure, as it can be intercepted or manipulated and retransmitted.

You acknowledge and agree that we may engage other companies and individuals (“Third Party Service Providers”) to perform some or all of the Services on our behalf. These Third Party Service Providers may be provided with access to your Personal Information in order to perform the Services on our behalf. We make commercially reasonable efforts to ensure that all Third Party Service Providers acting on our behalf are obligated to provide a comparable level of protection for your Personal Information to the level of protection that we provide, including using your Personal Information only to the extent necessary to provide the Services on our behalf.

Personal Information that we collect may be uploaded, moved, stored, processed in, backed up and/or transferred between any of the countries in which we operate or may operate in order to enable us to collect, use, and/or disclose the Personal Information in accordance with this Privacy Policy. You acknowledge and agree that your Personal Information may be uploaded, moved, stored, processed in, backed up and/or transferred in OGGI’s discretion in Canada or in jurisdictions other than Canada, including the United States, and you consent to the same. You also acknowledge and agree that your Personal Information may be transmitted, uploaded, or moved across international borders in OGGI’s discretion, and you consent to the same.

We may use your personal information to identify you on third-party platforms you already use (such as Facebook and Twitter) and provide you with ads through their marketing platforms. We may also use your information to identify you on third-party platforms (such as Facebook and Google), and then use the algorithms of those platforms to find other people with similar characteristics.

You can opt out of offers, advertising and marketing uses of your information, and opt out of the use of cookies by following the instructions in section 6 (Consent) below.

6. Disclosure of Personal Information

Any Personal Information provided by you, or that is derived automatically by or through the Site, the ClearSource Platform, and/or the Services, is not sold, rented, or shared by us with any third party without your consent, except in the circumstances described in this Privacy Policy.  We may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors, to the extent that such disclosure is reasonably necessary for the purposes set out in this Privacy Policy.

You acknowledge and agree that We may use and/or disclose your Personal Information, without notice, if legally permitted to do so according to the relevant provisions of the Canada Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 and the Personal Information Protection Act, S.A. 2003, c. P-6.5, and/or any other relevant privacy enactment (collectively, the “Privacy Acts”).  The Privacy Acts may permit the use and/or disclosure of Personal Information without notice if, for example: (a) the Personal Information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the Personal Information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the Personal Information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court.  In any event, OGGI may release personal information when it believes in good faith that such release is necessary to: (i) comply with any law, order, rule, or regulation; (ii) enforce or apply this Privacy Policy or the Terms and Conditions or any other policy of OGGI; and (iii) protect the rights (including intellectual property rights), property, or safety of OGGI, its members, employees, contractors, or others.

We may disclose your Personal Information: (i) in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets or (subject to confidentiality restrictions) during the due diligence process, in accordance with applicable law; and (ii) if OGGI or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will be one of the transferred assets, in accordance with applicable law.

We may also disclose your Personal Information to one or more Third Party Service Providers who perform some or all of the Services on our behalf.  We make every effort to ensure any company with which we may share Personal Information protects that Personal Information and data in a manner similar to this Privacy Policy and to limit the use of such Personal Information to the performance of the services being provided to OGGI.

7. Consent

If you apply for a product or service, communicate with us, or provide personal information to us in any way, you acknowledge your consent to the collection, use and disclosure of such personal information as you provide to us or that we otherwise collect as set out in this Policy and applicable laws. If we want to use your personal information for a purpose that was not disclosed at the time of initial consent, consent will be sought at the time of this new purpose.

Withdrawal of consent.  You may withdraw your consent to the collection, use, and disclosure of your Personal Information as set out in this Privacy Policy at any time. Withdrawal of your consent to the collection, use, and/or disclosure of your Personal Information as set out in this Privacy Policy may result in the Site, the ClearSource Platform, and/or the Services or certain aspects of the Site, the ClearSource Platform, and/or the Services being unavailable to you. If you withdraw your consent to the collection, use, and/or disclosure of your Personal Information as set out in this Privacy Policy, OGGI reserves the right to limit your access or prevent you from accessing the Site, the ClearSource Platform, and/or the Services.

Updating consent. Subject to legal and contractual restrictions, you can, with reasonable notice to us, withdraw your consent to the collection, use, and disclosure of your personal information, other than the collection, use, and disclosure which is required for us to maintain your Account and to provide services that you sign up for and for which you were approved.

Opt out of mail, email and phone marketing. You can request that we not contact you for advertising, marketing, promotions, rewards programs, research or contests, by updating your privacy preferences associated with your Account or by otherwise updating your privacy preferences as set out herein. You should know that withdrawing your consent in these instances may result in you missing out on offers specific to your account.

To opt out of our email marketing list after you have opted in, you may use the unsubscribe link provided in any email marketing material you receive.

To update your privacy preferences outside of email marketing, you may do so by updating your privacy preferences associated with your Account, or by emailing privacy@oggitech.ca and with subject line *Email Opt-Out*.

If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. If you wish to delete cookies, you may set your web browser to do so, if your browser so permits. You acknowledge and agree that if cookies are turned off or deleted, you may not be able to view certain parts of the Site or use certain of certain services available through the Site or certain features or functionalities thereof.

8. Accuracy

We take steps to ensure that your personal information is as accurate, complete and up to date as is necessary for the purposes for which it is to be used.

If you believe that the personal information we have about you is not accurate or is incomplete, please contact us by updating your information through our web apps, by notifying any of our customer services lines or by email at privacy@oggitech.ca. If you move, change your phone number, or change your email address, you are required to update your information with us.

9. Safeguards

We use a variety of procedures and practices appropriate to the sensitivity of personal information to protect against loss, theft and unauthorized access. Access to your information is restricted to those individuals and parties who require access for the purposes set out in this Policy. For example, OGGI may secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When Personal Information is transmitted to other web sites or third parties for the purposes specified above, we may also, or in the alternative, protect it through the use of encryption, such as by way of the Secure Socket Layer (SSL) protocol.

While we take all reasonable measures to protect data, there is always inherent risk when providing personal information.  The transmission of information and data over the Internet is inherently insecure, and there are no security systems that are completely safe or fool-proof against hacking or tampering.

You are solely responsible for controlling access to your Account(s) associated with the Site, the ClearSource Platform, and the Services available through the Site, and maintaining the confidentiality and security of your accounts and related password information. You are entirely responsible for all activities that occur on or through your Account(s), and OGGI shall not be responsible for any losses arising out of the unauthorized use of any of your Account(s) associated with the Site, the ClearSource Platform, and the Services available through the Site.

Personal Information is not kept by OGGI for any longer than is necessary for the purposes identified in this Privacy Policy.  Personal Information that is no longer required to fulfil the purposes identified in this Privacy Policy will be destroyed, erased, or made anonymous.

10. Third-Party Policies and Links

The Site may include links to, and details of, third party web sites or Internet resources. Any links on the Site are provided for your convenience. OGGI does not endorse, approve of, verify, attest to, or offer any representation or warranty with OGGI as to, the accuracy of the content of such web sites that are linked or Internet resources that are linked from the Site. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

When you click on one of those links you are contacting another web site or Internet resource that may collect information about you, including Personal Information, voluntarily or through cookies. The privacy policies of such third parties may not mirror those of OGGI, and you should review the privacy policies of web sites or Internet resources which you choose to access from the Site, so that you understand how those web sites or Internet resources collect, use and share your information. OGGI has no control over other web sites or Internet resources or their policies regarding the collection, use, and disclosure of your Personal Information, and OGGI accepts no responsibility or liability for the privacy practices of third parties, including any unauthorized collection, use, or disclosure of your Personal Information through third party web sites or Internet resources.

11. Openness, Individual Access and Challenging Compliance

You can write to OGGI to request access to the personal information we have on file for you. We will provide you with the personal information we have, subject to certain considerations specified by law.

OGGI welcomes your comments regarding this Privacy Policy. If you would like more information on this Privacy Policy or OGGI’s organizational privacy policies, or if believe that OGGI has not adhered to the terms of this Privacy Policy, please contact OGGI’s designated Privacy Officer at privacy@oggitech.ca. We will use commercially reasonable efforts to promptly identify and remedy any failure by OGGI to adhere to the terms of this Privacy Policy.  You can also contact Customer Service for general privacy inquiries or concerns: info@clearsource.ca.