Last update: May 1st, 2023
This Policy applies to Amilia’s platform (the "Platform") and to our website available at www.amilia.com. However, we would like to draw your attention to the fact that the rights and obligations described in this Policy do not cover third-party websites that may be linked or mentioned on our Platform or our website, including any of our customers using our Platform to provide their goods or services. These third-party websites have their own privacy policies, and we encourage you to read them carefully as they may be different from ours.
1. PERSONAL INFORMATION
For the purposes of this Policy, "Personal Information" means any information about an identifiable individual, including information that can be used alone or with other information to identify, contact or locate a single individual. In general, Personal Information does not include business contact information, such as your name, title, or business contact information.
2. WHAT PERSONAL INFORMATION DO WE COLLECT?
a. For Merchants:
If you are a merchant using Amilia to power your business, we collect and use your Personal Information to provide you with the use of our Platform and its services, and generally to help you better manage your business and your relationship with your customers.
The Personal Information we collect may include, but is not limited to:
- Information you provide us about you and your business, including without limitation, your name, the name of your staff or other individuals associated with your business, your company name, address, email address, and phone number.
- Copies of government-issued and/or a picture of yourself holding your identification that you provide us to verify your identity (e.g., to protect you against identity theft or fraud) and to comply with legal requirements.
- Limited payment information you choose to provide us, including without limitation, credit card holder name and expiration date or your bank account number. We also collect information that you may choose to make available to us about your business’ bank accounts or financial assets.
- Your login information such as the date of your registration to the Platform, your username, your email address, and your password; information about the device and browser you use, your network connection, your IP address, and details about how you browse our websites and platform. We collect some of this information by using “cookies” or other similar technologies directly from your device.
b. For Customers:
This also applies if you use one of our Platform or our application program interface to enable access to our Platform to store your Personal Information for easy checkout across Amilia-powered stores.
The Personal Information we collect may include, but is not limited to:
- Your contact information such as your name, mailing address or telephone number, in order to identify you and correspond with you or otherwise process payments;
- Your demographic information such as your birthdate, identifier or information about family members;
- Relevant information about your medical history such as allergies, pre-existing conditions, physical limitations, emergency contact or other medical information relevant to the participation in recreational activities;
- Information about your use of our services such as type of service and date of use;
- Marketing information and your communication preferences, as well as your comments;
- Only for Quebec residents, your Social Insurance Number which is shared with the Government only for RL24 tax credits;
- Your login information such as the date of your registration to the Platform, your username, your email address and your password; information about the device and browser you use, your network connection, your IP address, and details about how you browse our websites and platform. We collect some of this information by using “cookies” or other similar technologies directly from your device; and
- Any other Personal Information you have provided to us.
3. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
a. Directly from you
b. With your consent
We generally collect your Personal Information with your consent, unless applicable law provides an exception to this principle.
c. Refusal of collection and withdrawal of your consent
You have the right, if you wish, to refuse the processing of your Personal Information. You may also, at any time, and subject to reasonable notice and any applicable legal or contractual restrictions, withdraw your consent (if any) to the processing of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide us with your Personal Information, this may prevent you from, for example, using the Platform, as this information is essential to such use. You may contact us as set forth in the "How to Contact Us" section for any questions regarding this matter.
4. WHY WE COLLECT YOUR PERSONAL INFORMATION?
a. For specific and limited purposes and legitimate interests
We generally process your information when we need to do so to fulfill a contractual obligation (for example, to process your payments to use the Platform), or where we or someone we work with needs to use your Personal Information for a reason related to their business (for example, to provide you with a service). European law calls these reasons “legitimate interests.”
These “legitimate interests” include:
- preventing risk and fraud
- answering questions or providing other types of support
- helping merchants find and use apps through our app store
- providing and improving our products and services
- providing reporting and analytics
- testing out features or additional services
- assisting with marketing, advertising, or other communications
(collectively, the "Purposes").
We only process Personal Information for these “legitimate interests” after considering the potential risks to your privacy by providing, namely, clear transparency into our privacy practices, offering you control over your Personal Information where appropriate, limiting the information we keep, limiting what we do with your Personal information, who we send your information to, how long we keep your information, or the technical measures we use to protect your Personal Information.
We may process your Personal Information where you have provided your consent. In particular, where we cannot rely on an alternative legal basis for processing, where your data is sourced and it already comes with consent or where we are required by law to ask for your consent in the context of some of our sales and marketing activities. At any time, you have a right to withdraw your consent by changing your communication choices, opting out from our communications or by contacting us.
b. To market and promote our services
We use the Personal Information you provide to us to market and promote the products, services, and other offerings. If you have consented to receive such information, Amilia may send you newsletters, electronic messages such as emails, news, updates and/or other written communications ("Messages") about Amilia’s services and/or its partners' products and/or services. For example, we use Personal Information, such as your email or physical address, to send information or content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business. We use this information to promote the use of our services to you and share promotional and information content with you in accordance with your communication preferences.
We may also reach out to you via telephone to ask about other products or services you may be interested in. If you have a call scheduled with an Amilia representative, we may record and transcribe the call. You will be notified prior to the recording that the call is being recorded, and you will be offered an opportunity to opt-out of having the call recorded.
You may opt out of receiving Messages in the manner described in the "How to Contact Us" section or through the unsubscribe link included in the Messages. However, Amilia may continue to send you Messages to inform you of functionality updates and transactional information, critical technical issues related to the Platform or services you have requested, or to provide you with important information about your account (if any).
c. For secondary purposes
Depending on the circumstances, Amilia may also aggregate and anonymize the Personal Information you have provided, in order to create statistical data that Amilia may use for secondary purposes (such as market research and cultural community studies), to improve the Platform, to examine trends, to respond to statistical requests from some of our partners, or to develop machine learning algorithms. This statistical data does not include Personal Information.
5. WHERE IS YOUR PERSONAL INFORMATION HOSTED AND TRANSFERRED?
Your Personal Information may be held by Amilia in jurisdictions other than your province, territory or country of residence, including in Canada, the United States and the province of Quebec. Amilia may also outsource the processing or share your Personal Information with third parties located in areas other than your province, territory, or country of residence. In this case, we endeavor to limit access to Personal Information to these third parties to what is necessary to perform the tasks entrusted to them. Please be aware that we also strive to put in place contractual agreements with these agents and service providers to ensure the confidentiality and security of your Personal Information. This may include implementing robust and effective security measures. In addition, Amilia will ensure that your Personal Information is adequately protected by appropriate technical, organizational, or other legal means. If you would like more information about these security measures, please contact us as described in the "How to Contact Us" section.
6. HOW DO WE PROTECT YOUR INFORMATION?
a. With necessary and appropriate measures:
Amilia has security measures in place to protect your Personal Information. The standard security measures we use depend on the type of information collected. However, Amilia uses electronic, physical, and procedural safeguards to protect your Personal Information. We encourage you to be careful when using the Internet, which includes not sharing your passwords. If you believe that an unauthorized account has been created using your name or if you feel your password has been compromised, please contact us as described in the "How to Contact Us" section.
b. Children’s privacy
The Platform is only available and designed for persons 18 years of age or older. Amilia does not collect any Personal Information on any person under 18 years of age without the appropriate consent from the relevant guardian or holder of parental authority who must create the account on behalf of the underage user and provide the necessary Personal Information through the Platform. If you believe that Personal Information has been collected from children under the age of 18, or if you are a parent or legal guardian and believe that your child under the age of 18 has provided us with Personal Information, you may contact us as described in the "How to Contact Us" section.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. You may contact us as described in the "How to Contact Us" section for more information.
Our teams at Amilia work tirelessly to protect your Personal Information and to ensure the security and integrity of our Platform. We also have independent auditors assessing the security of our data storage and systems that process financial information. However, we all know that no method of transmission over the Internet, and method of electronic storage, can be 100% secure.
Below are our current security measures:
PCI Security Standards Council is a globally recognized organization dedicated to maintaining standards for the secure processing of credit card transactions. It helps vendors & merchants, process credit card payments securely and protect cardholder information.
Amilia is level 1 certified PCI DSS service provider, the highest level of compliance attainable.
7. HOW DO WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION?
Amilia does not rent or sell any of your Personal Information to third parties and will not share it with third parties without your consent, unless required by law or for the reasons set out below.
a. With our employees
In the course of their work, our employees may need to access your Personal Information when, for instance, you contact us or request assistance. Their access is limited to what is necessary to perform their duties.
b. With strategic partners
Amilia may share your Personal Information with its partners to facilitate its business, such as developers, payment platforms and hosting service providers. Our service providers may have access to your Personal Information for a limited time in connection with these business activities. When Amilia engages third parties to process any Personal Information, Amilia will endeavor to implement commercially reasonable contractual and technical protections to ensure that such third parties keep all Personal Information they process strictly confidential. Please note that these third parties may not be located in your geographical location. In such cases, Amilia takes commercially reasonable steps as outlined above in the section "Where is your Personal Information hosted and transferred".
c. Where required by applicable law ?
We may also share your Personal Information if required to do so by law or if we believe in good faith that such action is necessary to: (i) comply with the law; (ii) comply with an order of a competent judicial authority in any jurisdiction; (iii) comply with legal process implicating Amilia; (iv) protect and defend the rights or property of Amilia; (v) enforce or verify your compliance with any agreement you have entered into with Amilia, if any; (vi) prevent fraud or other illegal activity perpetrated through the Platform; or (vii) act in urgent circumstances to protect the personal safety of users of the Platform or the general public.
d. During a commercial transaction
We may share your Personal Information without your consent when our business transactions require it (for example, in the event of a merger or bankruptcy). In such circumstances, we may also share some or all of your Personal Information with the relevant third party (or its advisors) for purposes of a due diligence process.
e. For other purposes, with your consent
Where you have expressly consented, your Personal Information may be shared with other third parties. For instance, there may be specific instances where additional terms and conditions apply and through these, we make it clear that specific third parties are processing your Personal Information.
8. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
Personal information will be retained as long as necessary for the fulfillment of the Purposes or as required by law. At the end of this period, we endeavor to destroy or anonymize such information. In determining the appropriate retention period for your Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the Purposes for which we are processing your Personal Information and the possibility of achieving those Purposes by other means, as well as applicable legal, regulatory, fiscal, accounting, or other requirements. If you would like more information about these matters, please contact us.
A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons and tracking pixels, may be used for similar purposes. In this Policy, all such tracking technologies are collectively referred to as "Cookie(s)". Any Personal Information collected through Cookies by or on behalf of Amilia (if applicable) is treated with the same level of confidentiality as any other Personal Information held by Amilia.
a. Strictly necessary cookies
These Cookies are necessary for the operation of the Platform and cannot be disabled in our systems. Strictly necessary Cookies must be present for the Platform to perform basic functions and may include keeping you logged in or remembering certain information like your shopping cart or electronic billing. They allow a user to navigate from one page to another without losing previous actions in the same session.
b. Non-essential cookies
If you have consented to this policy, including the use of the Cookies, Amilia and/or its third-party partners may also use non-essential Cookies in connection with the Platform, including the following:
Functionality Cookies (also known as "Preference Cookies"): These Cookies are not essential to the provision of our services. They are used to personalize and enhance the user experience. For example, if you have consented to their use, these Cookies will store your communication preferences.
Performance Cookies (also known as "Statistical Cookies" or "Analytical Cookies"): These Cookies are not essential to the provision of our services. If you have consented to their use, we use Performance Cookies to understand how you interact with our Platform, to generate location reports, and to have analytical reports on Platform errors. Our partners may also use this type of Cookie to analyze your use of our Platform and provide us with information about it. These Cookies are intended for statistical purposes only.
c. Deactivation of Cookies to which you have consented
With the exception of strictly necessary Cookies, we will only place Cookies on your device if you consent ‘to this policy’, and these Cookies will be retained for a maximum period of 13 months from the time they are installed on your device. At the end of this period, cookies will be automatically removed, and only renewed upon your visit of the Amilia website. You can also manage your Cookies by changing the settings on your browser or device. For details on how to configure your browser, please see the Help Center for Chrome, Safari, Firefox, Internet Explorer, Edge or Opera. However, if you choose to decline Cookies, some pages or sections of our Platform will not display properly, or some features will not be available.
10. THIRD PARTY SERVICES AND PLATFORMS
We may include links on the Platform to third-party sites or services that we do not control, for example, if you choose to use an embedded feature of Google or social networks (Facebook, Twitter, Instagram, etc.). These third parties may share certain information about you with us. You may also have the opportunity to share content from the Platform on social media platforms. If you click on any of these links, you will be directed to sites that we do not control. Please read the privacy policies of those sites, applications or platforms that may collect Personal Information to understand their privacy policies and Personal Information collection practices. Amilia has no control over, and assumes no responsibility for, your activities outside of the Platform, including when you browse third-party websites and platforms. This Policy applies only to Personal Information processed by or on behalf of Amilia.
11. WHAT ARE YOUR RIGHTS?
We believe you should be able to access and control your Personal Information no matter where you live. Depending on how you use our Platform, you may have the right to request access to, correct, amend, delete, restrict, or object to certain uses of your Personal Information (for example, direct marketing).
Depending on the applicable legislation, you have various rights such as the right to be forgotten, the right to access or rectify your Personal Information, the right to withdraw your consent (if any), the right to be de-indexed, or the right to data portability , i.e., the right to receive a copy of all Personal Information that Amilia holds about you in a structured, commonly used and machine-readable format. To exercise any of these rights (to the extent available), please contact us as set forth in the "How to Contact Us" section. We will not charge you more or provide you with a different level of service if you exercise any of these rights.
If you buy something from a merchant on our Platform and wish to exercise these rights over information about your purchase, you need to directly contact the merchant you interacted with. We are only a processor on their behalf and cannot decide how to process the information you shared with them. We will of course help our merchants to fulfill these requests by giving them the tools to do so and by answering their questions.
If you are a merchant, partner, our Platform’s user, Amilia employee, or other individual that Amilia has a direct relationship with, please submit your data request online through your Amilia account, or via this email: email@example.com for extraordinary requests. Please note that if you send us a request relating to your Personal Information, we must make sure that it is you before we can respond. In order to do so, we may use a third party to collect and verify identification documents. If you are not happy with our response to a request, you can contact us to resolve the issue. You also have the right to contact your local data protection or privacy authority at any time.
Finally, because there is no common understanding about what a “Do Not Track” signal is supposed to mean, we don’t respond to those signals in any particular way.
Your State Privacy Rights for US residents
More specifically, for US residents, State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.
Regarding California residents' privacy rights, California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may contact us as described in the "How to Contact Us" section for more information.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Data portability.
- Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
- Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
- Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights or appeal a decision regarding a consumer rights request, you may contact us as described in the "How to Contact Us" section.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request using the process described in the "How to Contact Us" section. However, please know we do not currently sell data triggering that statute's opt-out requirements.
12. HOW TO CONTACT US ?
If you have any questions about any aspect of this Policy, wish to send a comment, file a complaint, or exercise any of the rights available to you under applicable law, please do so through the "Contact Us" link on the Platform, where and if available, or please contact our Privacy Officer as follows:
Address: #3.105 - 1751 Richardson St. Montreal (Quebec) H3K 1G6 CANADA
Phone number: 1-877-343-0004
Your request may be accepted or denied by Amilia depending on applicable law. Amilia will take prompt corrective action when it becomes aware of any breach of this Policy. Amilia shall not be liable for any indirect, incidental, consequential, or punitive damages related to this Policy. You may at any time file a complaint with the appropriate authority if you believe that Amilia is not handling your Personal Information in a manner consistent with this Policy or applicable laws.
13. CHANGES AND UPDATES TO THE POLICY
Amilia may, at its discretion, update, revise, modify or supplement this Policy from time to time. If material changes are made to the Policy, you will be notified when you log in and/or we will send you a link to the updated version of the Policy. The Policy and any related documents, if any, will be posted on our Platform or website. Amilia requests that its users review and accept the revised Policy before continuing to use its Platform or website.