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Prairie Payments Joint Venture

Terms & Privacy

Terms & Conditions

Legal Notice

These terms and conditions (“Terms”) govern your access to, and use of, the website (the “Website”) owned, operated or provided by or on behalf of Prairie Payments Joint Venture Ltd. (“PPJV”). As used in these Terms, “you” and “your” refers to you, the person accessing the Website; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) PPJV; and “party” or “parties” refers to both you and us. The effective date of these Terms is when you accept same, in accordance with the below.

By accessing and using this website you are signifying your acceptance of and, agreement to comply with and be bound by, these Terms, and all applicable laws and regulations. If you do not agree with these Terms, you have no right or license to access the Website and you should refrain from accessing or using the Website, its contents, or obtaining documents or information from the Website. PPJV may, in its sole discretion, revise these Terms at any time without advance notice to you, and such revisions will be effective as of the date these revisions or updates (or an updated version of these Terms) is posted to the Website. Your continued use of the Website after such updates are posted will signify your agreement to the revised Terms.

Right of Access and Intellectual Property

Subject to these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of content (other than source code) from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in the Website. Any and all rights not expressly granted to you are reserved by PPJV, and these Terms do not confer to you a proprietary interest in the Website or any content of the Website.

PPJV either owns all intellectual property rights, including without limitation copyright and trade-mark rights, or has acquired the necessary rights or licenses, in all materials displayed or otherwise accessible on or through the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, and such Content is protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. Content may not be used by you without the express written permission of PPJV, such use to be solely for non-commercial purposes.

Certain words, phrases, names, designs or logos made available on or through the Website may constitute trademarks, services marks, or trade names that are owned by PPJV or others. The display of such marks on or through the Website does not imply that you have been granted a licence by PPJV or others with respect to them.

Third Party Services and Content

Your use of the Website may rely on or link to services and products which are offered by third parties (“Third Party Services”). PPJV has no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees regarding third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

PPJV may make third parties’ content and materials (“Third Party Content”) available to you through the Website. PPJV making available such Third Party Content does not constitute an endorsement or recommendation, and PPJV is not responsible for any reliance you may place on Third Party Content. PPJV makes no warranties or representations as to any Third Party Content and shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect PPJV’s views.

PPJV is not responsible for the privacy practices, or content, of third party websites and services. PPJV encourages its users to be aware when they leave the Website, and to read the terms of use and privacy statements of the websites that they may link to or access. You should evaluate the security and trustworthiness of any other website connected to the Website or accessed through the Website yourself, before disclosing any personal information or personal data to it. PPJV will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information or data.

Disclaimer

The Website and Content is provided “as is”, on an as-available basis, and without warranties or conditions of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. PPJV does not warrant that the Website or Content contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

Without limiting the foregoing, PPJV does not warrant or make any representation regarding use, the ability to use, or the result of use of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. PPJV makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. By accessing and using the Website and/or the Content, you acknowledge and agree that such access and use is entirely at your own risk.

Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL PPJV, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY INACCURACY, INCOMPLETENESS OR INCORRECTNESS CONTAINED IN THE CONTENT OR MATERIALS DISPLAYED, ACCESSED OR USED AS PART OF THE WEBSITE, OR YOUR RELIANCE OR ACTING UPON THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF REVENUE, USE, DATA, OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES) WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE. IF, UNDER APPLICABLE LAW, LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED (NOTWITHSTANDING THE FOREGOING), THEN THE TOTAL CUMULATIVE LIABILITY OF PPJV (OR ANY OTHER PERSON) IN CONNECTION WITH THESE TERMS AND THE WEBSITE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $5.00 CDN. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THIS LIMITATION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT PPJV WOULD NOT AGREE TO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Indemnity

You agree to defend, indemnify and hold harmless PPJV, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from, incurred as a result of, or in any manner related to: (i) your use of and access to the Website or the Content; (ii) your breach of these Terms; (iii) your violation of any law or third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that you did not have the right to provide any content or that the content you provided caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

Applicable Laws

You may not use the Website or the Content for any illegal or unauthorized purpose.

PPJV is physically located within the Province of Alberta, Canada. These Terms will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.

Internet Connectivity and Compatible Technology

The availability and functioning of the Website depends on the availability of a properly functioning Internet connection, as well as compatible hardware and software. PPJV is not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor is PPJV responsible for ensuring your hardware and software are compatible with the Website and its features. You acknowledge that your access to and use of the Website may be impaired or prevented by factors beyond PPJV’s control (such as issues with your computer system or Internet connectivity), and that PPJV is not responsible for any such factors, or their effects.

Acceptable Use

Without limiting anything else in these Terms, you must not use (or cause or permit to be used) the Website:

  • in any way that causes, or may cause, damage to the Website, or impairment of the availability or accessibility of the Website;
  • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) non-compliant with applicable privacy legislation or an infringement of another person’s privacy, including without limitation by disclosing the personal information or data of another individual without their knowledge and consent;
  • to post, transmit, or otherwise make available, any material that may violate: a) PPJV’s proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
  • for any commercial purposes other than those which are expressly set out in these Terms;
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without PPJV’s prior express written consent;
    to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information;
  • to attempt to gain (or gain) unauthorized access to other computer systems through the Website, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; or
  • in a manner which is otherwise contrary to these Terms.
  • Any use of the Website which is contrary to these Terms may result in the immediate termination of your use of the Website by PPJV.

PPJV reserves the right to monitor your use of the Website to determine if you are complying with these Terms, and the right, in its sole discretion, to terminate your access to the Website.

Privacy Statement

Protecting your privacy is important to Prairie Payments Joint Venture (“PPJV”).
PPJV has adopted this Privacy Statement to provide you with an overview of the collection, use, retention, and disclosure of personal information that you may provide while using PPJV’s website (the “Website”). PPJV encourages you to read this Privacy Statement, as well as any Terms and Conditions, in order to understand how we collect and process personal information in the course of providing the Website.

By using the Website, you consent to the collection, use, retention, and disclosure of your personal information for processing as described in, and subject to the limitations set out in, this Privacy Statement.

Personal Information

Personal information is any information that would identify a person directly, or indirectly in combination with data from other sources. For example, personal information includes a full name, home address, personal phone number, social insurance number, personal email address, banking details, IP address, biometric data, payment information, usage data, or any information that may individually identify a person.

PPJV may collect personal information including without limitation your name, personal phone number, personal email address, IP address, and device identifiers, in the course of your usage of the Website, and may use or disclose that personal information as described with this Privacy Statement.

PPJV may also create de-identified or anonymized data from personal information by excluding data components (such as your name, email address, etc.) that makes the data able to personally identify you, through obfuscation, or through other means. In addition, PPJV may collect and use aggregated, anonymous information to provide data about Website usage to potential business partners and other unaffiliated entities. As this information does not identify a person, and is therefore not personal information, PPJV’s use of such aggregated, anonymized and/or de-identified data is not subject to this Privacy Statement.

Consent and Collection of Personal Information
If you use the Website, where personal information is essential, your consent is implied to collect and use your personal information to facilitate that use. Examples of instances in which personal information may be collected by PPJV are, but are not limited to:

  • When you request information, and/or when requested information is provided to you,
  • When you access and navigate the Website, or engage in communication with PPJV,
  • When PPJV is administering, planning, and managing its relationship with you or communicating with you in relation to this relationship,
  • Where PPJV seeks to better understand how PPJV may improve its products and services, to develop and conduct its business and operations, and for other internal business purposes,
  • Where PPJV seeks to provide you with information on current and future products and services or other developments with respect to PPJV and its affiliates and partners,
  • Where PPJV needs to comply with applicable legal and regulatory requirements, or protect PPJV’s legal rights and property, or
  • If you knowingly submit personal information through the Website for the purpose of registering for a service, or authentication.
  • During these instances, PPJV may collect data such as, but not restricted to: name, email address, phone number, address, areas of the Website you visit, content you view, your IP address, data downloaded or submitted by you, as well as the nature of the individuals or entities with whom you communicate or transact business using the Website.

If at any point you wish to withdraw consent to personal information collection, please contact PPJV’s Privacy Officer noted in this Privacy Statement. Please note that certain services may only be able to be offered or provided to you if you disclose the personal information necessary to facilitate those services, and therefore PPJV may not be able to provide you with certain services in the event that you choose not to disclose that personal information to PPJV.

Anonymous Information

When you interact with the Website, similar to most other websites, apps, and online services, certain anonymous technical information about your visit is automatically logged and collected by PPJV. This may include information about the type of browser you use, operating system, the date and time you access the Website, the links you accessed while using the Website, and the internet address of the website, if any, which linked directly to the Website. This information is used for system administration purposes such as diagnosing problems with the Website, servers, compiling aggregated and statistical information, and to improve the operation and content of the Website. It is not personally identifiable, and is not considered personal information and subject to this Privacy Statement.

Personal Information Use

PPJV may use collected personal information for such purposes as:

  • Helping to establish and verify the identity of users, and to keep user accounts secure,
  • Opening, maintaining, administering and servicing users’ accounts or memberships,
  • Providing support to users,
  • Improving the Website, including tailoring the Website to users’ preferences,
  • Providing users with product or service updates, and other information about PPJV,
  • Corresponding with you, and responding to your questions, inquiries, comments, and instructions,
  • Maintaining the security and integrity of PPJV systems, and,
  • Complying with applicable laws.
  • Once collected, PPJV will store and process your personal information in secure locations.

Personal information will only be retained by PPJV for the length of time required to fulfill the purpose for which it was collected, or as may be required by law. Beyond that point, personal information in the possession or control of PPJV will be anonymized or securely destroyed.

Security

PPJV maintains reasonable physical, technical, and administrative safeguards to minimize the risk of unauthorized loss, theft, copying, misuse, access, disclosure, alteration, or destruction of your personal information.

PPJV also restricts access to your personal Information to only those persons who have a legitimate business need or legal requirement to view it in connection with the Services. You, as a personal information owner, may also authorize any persons you may choose to have access to your personal information.

Although PPJV does utilize security measures appropriate to the level of risk, no method of data transfer or storage on the internet is 100% secure and security risks cannot be eliminated entirely. As such, PPJV cannot guarantee perfect security, integrity, or confidentiality of personal information.

In the event of a data breach or security incident involving the Website, PPJV will take all reasonable steps to comply with the breach reporting obligations that may be applicable to it under applicable privacy laws. PPJV may also seek to notify you in such event. If notification is appropriate or required, PPJV may notify you by email, messaging to your device, or other reasonable means.

Disclosure of Personal Information

PPJV does not provide personal information to unaffiliated third party providers for their use in marketing directly to you. We may use unaffiliated companies, or trusted third party providers, to help maintain and operate the Website for reasons related to our business operations and to better serve you, and those companies may receive your personal information for that purpose. When PPJV shares personal information with third party providers that support the delivery of the Website, we require that they use your personal information only for the purposes we’ve authorized, and that they protect your personal information to at least the same standards used by PPJV.

PPJV may also disclose personal information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by applicable law (including, without limitation, to prevent fraud or abuse, or to protect PPJV’s legal rights, property, or the safety of PPJV, its employees, users or others).

Finally, as PPJV’s business develops, it may sell or buy corporate assets, and in such transactions personal information may be one of the transferred business assets. If PPJV, its businesses, or substantially all of its shares or assets, is acquired or an acquisition is contemplated, personal information may be one of the assets assessed or transferred in connection with that transaction.

“Cookies” and Advertisers

The Website, or the third party companies used to host, operate, or maintain the Website, may place a “cookie” on your computer in order to allow you to use this Website and to personalize your experience.

A “cookie” is a small piece of data, or an alphanumeric identifier, that can be sent by a web server to your computer or device, which then may be stored by your browser on your computer or device. Cookies allow PPJV to recognize your computer or device while you are on the Website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories, and preserving information between browsing sessions. The information collected from cookies may also be used to improve the Website functionality.

The advertisers and/or other content providers that may appear on the Website may also use cookies that are not sent by PPJV. Such ads or content may contain cookies that help track and target the interests of users of the Website in order to present “personalized” advertisements or other messages that the user might find interesting. PPJV is not responsible for any such cookies.

Most web browsers have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of the Website.

Rights With Respect to Personal Information

PPJV is committed to ensuring you retain full access to and control of your personal information. To that end, we endeavor to respect your right to be informed regarding the collection, use and disclosure of personal information, and your right of correction and access to it, via this Privacy Statement.

If you would like to access, correct, remove, request a copy of, withdraw consent to collection of your personal information, or are looking for any additional information on how your personal information may be collected, used or disclosed by PPJV, please contact the PPJV Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement. Subject to certain exceptions and limitations that may be prescribed by applicable law, you will be provided with reasonable access to your personal information and will be entitled to have it amended or corrected as appropriate.

In certain circumstances, you may have the right to have your personal information, or certain components of your personal information, erased by PPJV, to have your personal information moved, copy or transmitted from PPJV’s systems to other systems, or to object to or restrict certain processing of your personal information by PPJV. In the event that you wish to inquire about, or seek to exercise any of these rights (as they may be applicable), please contact PPJV’s Privacy Officer.

External Links

The Website may contain links to other websites, apps, or services, including those of advertisers or third party content providers who offer downloads. PPJV is not responsible for the privacy practices or the content of other websites, apps, or services. We encourage you to read the Privacy Policies published by such third parties before divulging your personal information to them.

EU GDPR Does Not Apply

Note that the General Data Protection Regulation (EU 2016/679) does not apply as this Website is not intended to be used by individuals who are located within the European Union.

Not for Children under Thirteen

PPJV services are neither designed nor intended to collect personal information from children who are under the age of thirteen (13).

In order to ensure compliance with the provisions of the U.S. Children’s Online Privacy Protection Act and other data protection laws around the world aimed at protecting children, children under the age of thirteen (13) are not permitted to access or use this website, and children under the age of thirteen (13) should not provide any personal information to PPJV. You may reside in a country where local laws fix the digital age of consent to be older than 13. You may only use the Website if you have reached this age of consent, in accordance with applicable local laws. If you do not meet the digital age of consent of your country, you must immediately cease using the Website.

Changes to this Privacy Statement

PPJV reserves the right to modify or supplement this Privacy Statement in its discretion, at any time. If a material change to the terms of this Privacy Statement is made, we will post a notice on our website and a link to the new or amended Privacy Statement. The collection, use and disclosure of your personal information by PPJV will be governed by the version of this Privacy Statement in effect at that time. Your continued use of the Website subsequent to any changes to this Privacy Statement will indicate your consent to the collection, use and disclosure of your personal information in accordance with the amended Privacy Statement.

Contact & Questions

If you have any questions or comments regarding this Privacy Statement or any aspects of the Website, please contact PPJV’s Privacy Officer at privacy@prairiepayments.com.