AGREED PRIVACY POLICY

Effective: November 28, 2021

1. INTRODUCTION

1. We are committed to safeguarding the privacy of our service users.
2. This policy applies where we are acting as a data controller with respect to the personal data of our service users; in other words, where we determine the purposes and means of the processing of that personal data.

1. “Personal Data” is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.

3. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
4. In this policy, “we”, “us”, “our” or “Agreed” refers to Ascended Matrix Inc. located at 1 King Street W, Suite 4800 - 190 Toronto, ON, M5H 1A1.
5. Ascended Matrix Inc. is a corporation registered under the federal laws of Canada. This Privacy Policy refers to all websites that we own and operate, including the websites located at www.agreedapp.com and all related websites, our applications and/or APIs, and online services (our “Website”), as well as our other services, offerings, and other interactions (e.g., customer service inquiries, user collaborations, etc.) you may have with us (together with our Website, collectively referred to as our “Services”). If you do not agree with the data practices described in this Privacy Policy, you should not use our Services. This Privacy Policy does not apply to any third party applications or software that integrate with the Services through our Website (“Third Party Services”), or any other third party products, services or businesses.
6. All the personal data collected is stored on secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take reasonable commercial effort to protect Your personal data, we cannot guarantee the complete security of Your data transmitted to the Website and therefore any transmission is at Your own risk. Once we have received Your information, we will use strict procedures and security features to try to prevent unauthorized access.

2. SOURCES OF DATA

1. Agreed generally collects, uses and discloses personal information about the following types of individuals:

1. Customers;
2. Other individuals who may voluntarily choose to provide Agreed with personal information; and/or
3. Data collected from third parties that we did not obtain directly from you.

3. HOW WE WILL PROCESS AND COLLECT YOUR DATA

1. In this Section we have set out:

1. the general categories of personal data that we may collect;
2. In the case of personal data that we did not obtain directly from you, the source and specific categories of that data; and,
3. the purposes for which we may process personal data; and the legal bases of the processing.

2. We may process your business data (“Business Data”). The business data may include your name, phone number,  email address, company size, industry, professional qualifications and portfolio. The business data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and service and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract OR refine our Service through automated data processing.
3. We may process your personal data that is provided in the course of the use of our services (“Service Data”). The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, service accuracy, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration and utilization of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
4. We may process Information contained in any inquiry you submit to us regarding services (“Inquiry Data”). The Inquiry Data may be processed for the purposes of offering, marketing and selling relevant services to you. The legal basis for this processing is consent.
5. We may process information contained in or relating to any communication that you send to us and any information contained in any linked e-mail accounts (“Correspondence Data” or “Message Data”). The Correspondence Data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms and any other automated means. The Correspondence Data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with clients OR improving our services.
6. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or within any out-of-court procedure such as mediation or arbitration. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
7. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
8. In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal or business data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
9. Please do not supply any other person’s personal data to us, unless we prompt you to do so within our platform.

4. HOW WE WILL USE YOUR DATA

1. We may use the Personal Information collected by us in the following manner:

1. Monitor the use of the Website for the technical administration of the Agreed;
2. Use cookies to better understand how You interact with the Website, to monitor aggregate usage by the users and web traffic routing on the Website, and to improve the Website and the Website; and
3. Use Personal Information, to conduct research and for further development of our services in order to provide You with a better, more intuitive and personalized experience.
4. To establish and manage client relationships, fulfill duties, and avoid conflicts of interest;
5. To establish and maintain commercial relationships with clients, suppliers, service providers and other third parties;
6. To establish, manage and terminate contractual and partnership relationships;
7. To conduct surveys, research and evaluations;
8. To develop, enhance, market, sell or otherwise provide Agreed’s products and services;
9. To market, sell or otherwise provide products and services of third parties with whom we have a commercial relationship;
10. To distribute our newsletters and other informational e-mail communications and other material to individuals on our mail and e-mail lists;
11. To develop and manage our business and operations;
12. To detect and protect Agreed and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity;
13. To audit compliance with our policies and contractual obligations;
14. As permitted by, and to comply with, any legal or regulatory requirements or provisions; and
15. for any other purpose to which you consent.

5. PROVIDING YOUR PERSONAL DATA TO OTHERS

1. We do not disclose your personal and business data to any third-party other than what is stated in this Section.
2. We may disclose your personal, marketing, and business data to our insurers and/or professional advisors insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3. We may disclose personal, marketing, and business data to our IT suppliers or subcontractors insofar as reasonably necessary for the services provided by Agreed.
4. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

1. In case that we will be under a duty to disclose or share Your personal data with or without Your consent, and with or without notice in order to comply with any legal obligation, including without limitation a subpoena, court order, or search warrant.

6. RETAINING AND USE OF PERSONAL DATA

1. This Section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
2. Personal data that we process may be stored for a period of time after you no longer use our website. The personal data stored for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
3. The time periods for which we retain your information depends on the type of information and the purposes for which we use it. We will keep your information for no longer than is required or permitted.

1. For further clarity, we may also retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. NOTIFICATIONS AND CONSENT

1. Subject to this Policy and applicable legislation, Agreed will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection.
2. Agreed will generally obtain consent from the individual at or before the time of collection of personal information.  However, there are a number of exceptions in that in some circumstances, such as with employee personal information, Agreed does not require consent to collect, use or disclose personal information with respect to employees, but may be required to provide notification in advance.
3. In other circumstances, specifically those set out in applicable legislation, the law does not require that Agreed obtain consent or provide notification. Agreed reserves all its rights to rely on all available statutory exemptions and exceptions.

8. EXPRESS CONSENT

1. Online Communications. You may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, subscribing to a newsletter or a mail or e-mail list, participating in a seminar or other event, and participating in contests and surveys. If you are a registered user of an online service on our website, we may combine and store Personal Information about your use of our website and information you have provided to us with certain other online and offline information we may have collected.
2. E-mail Communications. We may send you marketing or promotional e-mail communications. In this process, we may collect certain information such as the date and time you first opened our e-mail communications, the number of times you open our e-mail communications, the number of instances you click through our articles and your total click-through activity on the contents of our e-mail communications. We may also combine and store any such information to manage and improve our e-mail communications. If you no longer wish to receive any future marketing or promotional material from us, our promotional e-mail communications will include instructions on how to unsubscribe and inform us of your preferences.
3. Third Party Websites. We may include links to other websites on our website. These third party websites may collect your Personal Information and they may have different privacy policies and practices than Agreed. We do not assume any responsibility for the privacy practices, policies or actions of the third parties operating these websites. We strongly encourage you to read the privacy policies of these websites to enable you to make an informed decision whether or not to provide your Personal Information to the websites’ operators.

9. CASL COMPLIANCE

1. Canada has implemented legislation (Generally referred to as Canadian Anti-Spam Legislation, or "CASL") prohibiting commercial electronic communications without adequate consent, and without an adequate unsubscribe mechanism. Commercial electronic communications ("CEM's") are defined as emails and text messages. It is the policy of Agreed to not send CEMs without valid legal consent from the recipient, and it is the policy of Agreed to always use the unsubscribe mechanisms prescribed by CASL.

10. AMENDMENTS

1. We may update this policy from time to time for any reason by publishing a new version on our website. Each version will apply to information collected while it was in place.
2. You should check this page occasionally to ensure you are satisfied with any changes to this policy.

11. YOUR RIGHTS

1. In this Section, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
2. Your principal rights under data protection law are:

1.      the right to access;
2. the right to rectification;
3. the right to erasure;
4. the right to restrict processing;
5. the right to object to processing;
6. the right to data portability;
7. the right to complain to a supervisory authority; and,
8. the right to withdraw consent.

3. You have the right to confirm as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include:

1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed.
2. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary:

1. For exercising the right of freedom of expression and information
2. For compliance with a legal obligation; or,
3. For the establishment, exercise or defence of legal claims.

6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes) towards you. If you make such an objection, we will cease to process your personal data for this purpose. However, if this objection impedes the quality of our services for you, you understand and agree that our service effectiveness will be impeded and you may have to cease using our service.
9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
10. To the extent that the legal basis for our processing of your personal data is:

1. Consent; or,
2. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with relevant supervisory authority responsible for data protection. Specifically,

1. If you are a resident of Canada, you may file a complaint with the Canadian Office of the Privacy Commissioner or any other relevant Federal or Provincial body;
2. If you are a resident of the United States, you may file a complaint with the Federal Trade Commission (FTC) or any other relevant Federal or State body; or,
3. If you are a resident of the European Union or European Economic Area, you may do so in the EU/EEA member state of your habitual residence, your place of work or the place of the alleged infringement.

12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
13. You may exercise any of your rights in relation to your personal data by written notice to us.

12. COOKIES  AND TRACKING

1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
4. Disabling cookies. You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility).  Many browsers are set to accept cookies until you change your settings.
5. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our Website. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Website.
6. Pixel tags. We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Website to track the actions of users on our Website. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Website, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal information.
7. Do Not Track Signals. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.

13. THE ‘COOKIES’ WE USE

1. We use cookies for the following purposes:

1. Authentication - We use cookies to identify you when you visit our website and as you navigate our website;
2. Status - We use cookies to help us to determine if you are logged into our website;
3. Personalization - We use cookies to store information about your preferences and to personalize our website for you;
4. Security - We use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
5. Analysis - We use cookies to help us to analyze the use and performance of our website and services; and,
6. Cookie Consent - We use cookies to store your preferences in relation to the use of cookies more generally.

14. MANAGE YOUR COOKIES

1. Our Website uses the following types of cookies for the purposes set out below:

2. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

1.  (Chrome);
2.  (Firefox);
3.  (Opera);
4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies  (Internet Explorer);
5. https://support.apple.com/kb/PH21411  (Safari); and,
6. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy  (Edge).

3. Blocking all cookies will have a negative impact upon the usability of many websites.
4. If you block cookies, you will not be able to use all the features on our website.

15. SECURITY

1. We recognize our legal obligations to protect the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.

16. NOTIFICATION OF LOSS OR UNAUTHORIZED ACCESS OR DISCLOSURE

2. Where an incident occurs involving the loss of or unauthorized access to or disclosure of personal information under our control, where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure, we will, without unreasonable delay, provide notice to the Information and Privacy Commissioner for Ontario of the incident, including any information required by law at the time to be provided to the Commissioner. While Ontario law provides that the Commissioner has the authority to require us to notify individuals of the unauthorized access or disclosure, we may elect to immediately do so in the event we consider it reasonable in the circumstances. We may also be required to notify the Privacy Commissioner of Canada under the Personal Information Protection and Electronic Documents Act (Canada).

17. REQUESTS FOR ACCESS

3. Ontario law permits individuals to submit written requests to us to provide them with:

1. access to their personal information under the custody or control of Agreed;
2. information about the purposes for which their personal information under the custody or control of Agreed has been and is being used; and
3. the names of organizations or persons to whom and the circumstances in which personal information has been and is being disclosed by Agreed.
4. Requests for access are subject to the following:

• Any requests must be in writing via post or email;
• In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them;
• We will respond to requests in the time allowed by Ontario law, which is generally 30 days;
• We will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible;
• All requests may be subject to any fees and disbursements the law permits us to charge; and/or
• Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.

4. ​Please note that an individual's ability to access his or her personal information under our control is not an absolute right.  Ontario law provides that Agreed must not disclose personal information where:

1. the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
2. the disclosure would reveal personal information about another individual; or
3. the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.

5. ​​Ontario law also provides that Agreed may choose not to disclose personal information where:

1. ​the personal information is protected by any legal privilege;
2. the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;
3. the personal information was collected by Agreed for an investigation or legal proceeding;
4. the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided;
5. the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act

• under an agreement,
• under an enactment, or
• by a court.

6. the personal information relates to or may be used in the exercise of prosecutorial discretion.

18. RESPONSES TO REQUESTS

1. Our responses to requests for access to personal information will be in writing, and will confirm:

1. whether we are providing all or part of the requested information;
2. whether or not we are allowing access or providing copies; and
3. if access is being provided, when and how that will be given.

2. If access to information or copies are refused by us, we will provide written reasons for such refusal and the section of FIPPA (the Freedom of Information and Protection of Privacy Act, R.S.O. 1990) or PIPEDA (Personal Information Protection and Electronic Documents Act) on which that refusal is based. We will also provide the name of an individual at Agreed who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of Ontario or the Privacy Commissioner of Canada to review our decision. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.

19. REQUEST FOR CORRECTION

1. Ontario law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. If an individual alleges errors or omissions in the personal information in our custody or control, we will either:

1. correct the personal information and, if reasonable to do so, and if not contrary to law, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
2. decide not to correct the personal information but annotate the personal information that a correction was requested but not made.

2. Corrections or amendments will rarely, if ever, be made to opinions, including expert or professional opinions, as opposed to factual information, which may be corrected if in error.

20. AMENDMENT

1. Agreed may amend this Policy from time to time as required and without notice, in order to better meet our obligations under the law.

21. DISPUTES

1. Governing Law and No Class Proceedings. The laws of the province of Ontario, and the laws of Canada applicable in Ontario, will govern use of this Agreement and the interpretation, validity and effect of this Agreement, notwithstanding the parties’ physical location (whether permanent or temporary), residence or domicile. The parties agree to not commence any action by way of class proceedings, class action or any other claim involving court proceedings.

2. Arbitration. The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration. The arbitration shall proceed in accordance with the provisions of the Arbitrations Act (Ontario), S.O. 1991, c. 17. The arbitrator shall have the power to proceed with the arbitration and to deliver their award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. It is further agreed that such arbitration shall be a condition precedent to the commencement of any action at law. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.

22. OUR DETAILS

1. This website is owned and operated by Agreed.
2. We are a Canadian corporation.
3. Our registered address and principal place of business is located at:

1 King Street W, Suite 4800 - 190 Toronto, ON, M5H 1A1

4. You can contact us:

1. By email, using the email address published on our website from time to time.
2. If you have any questions with respect to our policies concerning the collection, use, disclosure or handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, or if you are dissatisfied with how we handle your personal information, please contact us at:

Mail: 1 King Street W, Suite 4800 - 190 Toronto, ON, M5H 1A1

Email: privacy@agreedapp.com