Legal conditions

Privacy Policy

Last update: December 21, 2023

Introduction

Amilia Enterprises Inc. and all of its affiliates ("Amilia", "us", "we") takes your privacy and the protection of your Personal Information seriously. This Privacy Policy (the "Policy") describes our privacy practices, the types of Personal Information we may receive or collect from you when you visit our website available at www.amilia.com (“Website”), when you communicate with us or when you use Amilia’s SmartRec platform (the "Platform") (hereinafter collectively the “Services”). This Policy also describes how we use, store, disclose and protect the Personal Information collected, and of the choices you can make in this regard, so that you can make informed and meaningful choices.

This Policy do not cover third-party websites that may be linked or mentioned on our Platform or our Website, including on any of our customers’ web sites (i.e. Amilia’s merchants) using our Platform to provide their own goods or services (“Merchants”) to you, and on any of our partner’s web sites. These third-party websites have their own privacy policies, and we encourage you to read them carefully as they may be different from ours.

For the purposes of this Policy, "User", "you" and "your" will refer to Merchants (including Merchant’s authorized representatives or employees) or any individual end-users visiting the Website or using the Platform, as and where applicable.

Please read this Policy carefully. If you do not agree with our policies and practices, your choice is not to use our Website and not to use our Platform. By interacting and/or doing business with us and/or submitting information to us through our Website, Platform, by email, in person, by telephone (including when we obtain your express consent as applicable), you are providing your consent to the collection, use and disclosure of Personal Information as set out in this Policy.

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, as defined in applicable laws from time to time. 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’s Platform to power your business, we collect and use information (which may include Personal Information of Merchant’s authorized representatives) 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 Website and Platform. We collect some of this information by using “cookies” or other similar technologies directly from your device. For more information in this regard, please consult our Cookie Policy.

b. For Customers:

Amilia provides a software-as-a-Services (Saas) Platform, used by Merchants as their e-commerce platform to provide goods or services to their own customers. If you visit make a purchase from a Merchant who uses our Platform, then we collect and use information about you on behalf of that particular Merchant. We only use this information at the direction of our Merchants. Merchants ultimately choose how and why they need to use your Personal Information to provide their services to you. If you have any questions about a specific Merchant’s practices for collecting, using and disclosing your information, please visit their privacy policy, using the links provided on our Platform or Website, as applicable.

This also applies if, while using our Platform or Services, you: i) expressly consent to the transfer your Personal Information or account profile (either partially or entirely) to one or many Merchant(s); or ii) expressly consent to the storage of your Personal Information on our applications for easy checkout across Amilia’s powered Platform, for future use by you; or iii) where we receive your Personal Information from a third party, as it already comes with consent you have provided to that third party.

The Personal Information we collect may include, but is not limited to: 

• Your contact information such as your name, email, 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, and which Merchant used; 
• Marketing information and your communication preferences, as well as your comments;  
• Only for Quebec residents, your Social Insurance Number, if you choose to provide it, which is shared with the Government and authorized employees only for taxes purposes (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 Website and Platform. We collect some of this information by using “cookies” or other similar technologies directly from your device. For more information in this regard, please consult our Cookie Policy.; and

• Any other Personal Information you provide to us (by email, SMS, chat and other commercial electronic messages between you and us) or via our corporate social media accounts (including Facebook, LinkedIn, Instagram, X.

c. For Job applicants

The Personal Information we collect may include, but is not limited to: 

• Your contact information such as your name, email, mailing address or telephone number, in order to identify you and correspond with you or otherwise process your job application; and
• Any other Personal Information you provide to us and our authorized representatives (by telephone, email, SMS, chat and other communications between you and us) or via our corporate social media accounts (including Facebook, LinkedIn, Instagram, X.

3. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

a. Directly from you

Generally, we collect the Personal Information we need directly from you, for example, when you fill out the Platform registration form or when you contact us (via telephone, email, SMS, chat and other communications between you and us). We may also collect information relating to your use of the Platform, including technical information about your visits, average length of a visit, action taken on the Platform, type of device used or other information collected through cookies. For more information in this regard, please consult our Cookie Policy.

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, for a Merchant 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. For marketing purposes

We use the Personal Information you provide to us to market and promote our Services, as well as to send you marketing communications relating to our business. 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. We use Personal Information, such as your email or physical address, to send promotional information, targeted advertising or content to you which we think may be of interest to 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 with an Amilia’s 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 or our Services, to examine trends or to respond to statistical requests from of our partners. 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. If you are based in Quebec, Canada or US, this may involve transferring your Personal Information outside Quebec, Canada or US.

If Personal Information is transferred to a location outside of these jurisdictions we endeavor to limit access to Personal Information to these third parties to what is necessary to perform the tasks entrusted to them. We will also put in place contractual agreements with these agents and third parties service providers to ensure the confidentiality and security of your Personal Information. This may include ensuring they implement robust and effective security measures.

6. HOW DO WE PROTECT YOUR INFORMATION?

 a. With necessary and appropriate measures: 

Amilia has commercially reasonable security measures in place to protect your Personal Information. Security measures we use depend on the type of information collected. However, Amilia uses electronic, physical, and procedural safeguards to protect your Personal Information.

Below are our current security measures: 

PCI certification:

PCI Security Standards Council is a globally recognized organization dedicated to maintaining standards for the secure processing of credit card transactions. It ensure 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.

The safety and security of your Personal Information also depends on you. Where you have chosen a password to our Website or Platform (including to log in to your account), you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Please also ensure that while using our Platform, you are in a safe and private environment where the confidentiality of Personal Information and your privacy are adequately protected.

Our teams at Amilia work tirelessly to protect your Personal Information and to ensure the availability, security and integrity of information and data exchanged via our Platform. Nonetheless, we encourage you to be careful when using the Internet, as no method of transmission over the Internet, and method of electronic storage, can be 100% secure. 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.  The Company is not responsible for circumvention of any privacy settings or security measures. In the event there is a confidentiality incident involving your Personal Information we will notify you, as per applicable privacy laws.

b. Children’s privacy 

You must be 14 years of age or older to use the Platform. However, your local jurisdiction may have laws and regulations stating a higher minimum age requirement for obtaining a credit card, meaning that although you may use our Platform your use of such may be limited by applicable laws. Amilia does not collect any Personal Information on any person under 14 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 14, or if you are a parent or legal guardian and believe that your child under the age of 14 has provided us with Personal Information, you may contact us as described in the "How to Contact Us" section. 

If you are a US resident, please see Schedule 1 of this Policy.  

7. HOW DO WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION?  

Amilia does not sell 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

As required to perform their work (for examples in connection with the performances of the Services or access, maintenance or updates to the Platform), our employees may need to have access to 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 third parties and business partners 

Amilia may need to share your Personal Information with third parties and business partners (“Partners”) to operate its business and perform the Services (for example with developers, payment processors, marketing services providers and hosting service providers). You can consult the list of Partners which may have access to your Personal Information, in connection with the Services.

Our Partners may have access to your Personal Information for a limited time, but only as required to perform the Services and only for the purposes disclosed in section 4 of this Policy.

When Amilia share your Personal Information with third parties we implement commercially reasonable contractual and technical protections to ensure that such third parties keep all Personal Information they process strictly confidential and respect the security of your Personal Information. We only permit them to process your Personal Information for specified purposes and in accordance with our instructions and contractual obligations we enter with them. 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 as necessary to enforce legal rights, such as: (i) comply with all applicable laws; (ii) comply with an order of a competent judicial authority in any jurisdiction; (iii) comply with legal process implicating Amilia; (iv) protect and defend rights, obligations 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 (and 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 destroy or anonymize such information, or ask that third parties, who processed such information, destroy or anonymize such information and confirm to us in writing they have done so. 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 delete your account with us, we will delete your information or store your information in an aggregated and anonymized format. In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information for longer period as it can no longer be associated with you.

9. HOW DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? 

We use cookies and similar tracking technologies on our Website and when providing our Services. For more information about how we use these technologies, including a list of companies that place cookies on our sites, a list of cookies that we place when we power a merchant’s store, and an explanation of how you can opt out of certain types of cookies, please see our Cookie Policy.

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, or the Website, 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 or the Website, 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 or targeted 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 with this Merchant, you need to directly contact the Merchant you interacted with. We are only a processor on their behalf and are not authorized to discuss the information you shared with them. We will collaborate with our Merchants to fulfill these access requests.  

If you are a Customer, Merchant, Partner, Platform’s User, please submit your data request online through your Amilia account, or via this email: privacy@amilia.com. Please note that to protect you, and the integrity of our Services, we will need to verify your identity before processing your request. In some cases, we may need to collect additional information to verify your identity (such as your email address or a government issued ID number) and/or 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.   To exercise any rights, or appeal a decision regarding your information request, you may contact us as described in the "How to Contact Us" section. If you are a US resident, additional rights may apply. Please see Schedule 1 of this Policy.

12. HOW TO CONTACT US?

If you have any question about this Policy, have concerns about how we process your Personal Information, or if you want to make a request relating to your Personal Information you can do so through the "Contact Us" link directly on the Platform or you contact our Privacy Officer as follows: 

Privacy Officer
Address: #3.105 - 1751 Richardson St. Montreal (Quebec) H3K 1G6 CANADA  
Email: privacy@amilia.com
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 may request that Users review and accept the revised Policy before continuing to use the Services.  Your continued use of our Services will be deemed as an acceptance of the changes to the Policy.

SCHEDULE 1 TO PRIVACY POLICY
FOR US RESIDENTS ONLY

This Schedule 1 to the Privacy Policy (U.S.-Specific Rights) (this “Schedule 1”) is attached to and supplements the Policy. This Schedule 1 applies solely to any of our customers, visitors, or other users of the Services to the extent you are a resident of the United States. Any capitalized terms that are used but not defined in this Schedule 1 shall have the meanings set forth in the Policy.

Depending on where you live in the United States, you may have certain rights with respect to Personal Information (as defined below) that we have collected and used under certain circumstances. Additional information regarding the rights you may have and how to exercise them is set forth below.

NOTICE AT COLLECTION

1. Personal Information We Collect

While providing the Services, Amilia may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("Personal Information"), depending on your interactions with the Services and the choices you make. For clarity, Personal Information does not include: 

• Publicly available information from government records. 
• Deidentified or aggregated consumer information. 

Amilia may collect the following categories of Personal Information about U.S. residents:

A. Identifiers: such as real name, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, telephone number, account name, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, address and telephone number. 

C. Protected classification characteristics under California or federal law: Your gender or date of birth.

D. Interactions: Commercial information such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories.

E. Internet or other similar network activity information:

• Browse history. Data about webpages you visit.
• Search history. Data about the search terms you enter.
• Device, connectivity, and configuration data. Data about your device and nearby networks, including regional and language settings.
  And inferences drawn from any of the personal information identified in this subsection E.

F. Sensory data, such as visual information: Profile images and images you may choose to upload to verify your identity. 

G. Professional or employment-related information: your company and your job title. In limited cases this may include your current or past job history. 

H. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts. 

I. Geolocation data: Data about your device’s location, which may be inferred from your IP address.

J. Sensitive Personal Information: Your driver’s license, state identification card, or passport number, medical information and certain demographic information (such as racial or ethnic origin).

2. How is Personal Information Collected

To learn about the collection (and retention period) of your of Personal Information, please refer to sections 3, 4 and 8 of the Policy.

3. Purposes for Collection and Disclosure of Personal Information

To learn about the purposes for which personal information is collected, please refer to section 4 of the Policy. The Purposes for which Personal Information of U.S. residents is collected also includes the following purposes:

A. As described to you when collecting your Personal Information.

B. In order to provide a service or fulfill an agreement with you or related purposes; for example, to confirm your identity if you contact us.

C. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website and/or Platform is among the assets transferred.

D. Other purposes described in the chart below. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we may have disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart just above.

Amilia does not sell, rent, or otherwise provide consumers’ Personal Information in exchange for money, and we will not do so under this Policy. Amilia does not sell or disclose for purposes of targeted advertising (defined as “sharing“ under California law) the Personal Information of minors under 16 years of age and has no actual knowledge of any such sales or disclosures for purposes of targeted advertising. Amilia may also otherwise disclose Personal Information with third parties and service providers in compliance with the law.

4. Personal Information We Disclose for Targeted Advertising

In addition to performing our own analytics and targeting content and advertisements for our Services online, we may work with third-party network advertisers, ad agencies, analytics service providers, and other vendors to provide us with such information and services. These service providers may set and access their own tracking technologies on your device (including Cookies and web beacons) and may otherwise collect or have access to information about you. Some of these parties may collect Personal Information over time when you visit the Services or other online websites and services. We may disclose de-identified data (including Non-Personal Information) about visitors with third-party advertising companies, analytics providers, and other vendors for analytics and advertising purposes.

The following chart provides information about the types of Personal Information that we may disclose or deliver to the categories of third parties listed below for business purposes or for the purposes of targeted advertising to deliver more meaningful ads and other communications to consumers, and for other similar reasons provided in this Policy. Some of these uses of Personal Information may be considered targeted advertising or, under the CCPA, “sharing” for cross-context behavioural advertising under the CCPA:

5. State-Specific Rights & Choices

If you are a resident of a state that confers certain rights with respect to your Personal Information, those rights may include the following:

i. The right to know particular information regarding our use of your Personal Information in the past 12 months.

ii. The right to request access to and receive a copy of your Personal Information.

iii. The right to request correction of your inaccurate Personal Information. You may also update or change your information under your account settings.

iv. The right to request that we erase your Personal Information when we no longer need such data in connection with the Services (subject to certain exceptions that may apply under applicable law).

v. The right to opt out of sales or sharing of your Personal Information. To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following Internet web page link. For clarity, Amilia does not sell your Personal Information.

vi. The right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer. For clarity, Amilia does not use profiling to further decisions that produce legal or similarly significant effects concerning a consumer.

vii. The right to limit the use or disclosure of Sensitive Personal Information. For clarity, Amilia does not utilize Sensitive Personal Information for the purposes of inferring characteristics about a consumer.

viii. The right to appeal our refusal to take action on a previous rights request.

ix. The right to non-discrimination for exercising your rights.

5.1 Right to Know and Data Portability:

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Under the “Right to Know” you can request a listing of the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and businesses with whom we disclose Personal Information, and the specific pieces of Personal Information that we have collected about you. For further details about this information, please visit the “Personal Information We Collect” section above. Under the “right to access” or right of data portability, you can request that Amilia provide a portable copy of the Personal Information we collect, use, disclose, and sell.

Details on how to make a request to access this information and/or to request a portable copy of your information in each state are listed in the following state sections below:

• California
• Colorado

5.2 Right to Delete:

Residents of certain U.S. states have the right to request that we delete any of your Personal Information or Sensitive Personal Information that we collected from you and retained, subject to certain exceptions. Please note that your request to delete data may impact your use of the Services in some cases, and we may decline to delete information for reasons permitted by applicable law. We will delete or deidentify personal information and/or sensitive personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Details on how to make a request to delete are listed in the following state sections below:

• California
• Colorado

5.3 Right to correct inaccurate personal information:

If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information. Under the “Right to Correct” you can request a correction of inaccurate Personal Information, and Amilia will use commercially reasonable efforts to correct this information. You may also update or change your Personal Information under your account settings.

Details on how to make a request to correct inaccurate Personal Information are listed in each of the following state sections below:

• California
• Colorado

5.4 Right to opt out of disclosures of personal information for cross-context behavioural advertising purposes (“sharing” under California law):

Residents of certain U.S. states have the right to opt out of the sale of their Personal Information and of the disclosure of Personal Information for cross-contextual behavioural advertising by Amilia (which is referred to as “sharing” under the CCPA). We do not sell your Personal Information. However, when you visit the Services, we may share information about your use of our Services with our advertising and analytics partners. You can opt out of sharing or using your Personal Information for the purposes of targeted advertising by interacting with the cookie banner or by using the “Cookie Consent Tool” for each website you visit. We also accept certain opt-out preference signals sent from your browser that will opt you out of the sale and disclosure of your personal information for purposes of targeted advertising. Depending on how you have interacted with our services and our ability to identify you, this may only opt you out of disclosures for purposes of targeted advertising that take place via cookies. You can also opt out of sharing or using your Personal Information for the purposes of targeted advertising by visiting the following Internet webpage link.

Details on your right to opt out are listed in the following state sections below:

• California
• Colorado

5.5 Right to Non-Discrimination:

You have a right not to receive discriminatory treatment by Amilia for exercising any of your privacy rights conferred by your state’s consumer privacy laws. Amilia will not discriminate against any consumer because such person exercised any of the consumer’s rights under these privacy laws, including, but not limited to:

• Denying goods or services.

• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
• Providing a different level or quality of goods or services.
• Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

Amilia may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided to you by your data.

5.6 Exercising Your Rights

A. How to Contact Us

If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you, or someone legally authorized to act on your behalf, wish to exercise your rights, please contact us by either:   

Mail:
Privacy Officer
Address: #3.105 - 1751 Richardson St.
Montreal (Quebec)
H3K 1G6
CANADA  

Email: privacy@amilia.com
Phone number:   1-877-343-0004

Web: https://intercom.help/amilia/e...

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Amilia will need to take reasonable steps to verify your identity before the request will be processed, and we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us. We will deny requests from agents that do not submit proof of authorization from you. Which information may depend on the type and sensitivity of information requested. For clarity, making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in the request to verify the requestor's identity or authority to make it.

Your request to know, delete, correct, opt out, or restrict processing must: 1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and 2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

B. Response Timing and Format 

When you, or someone legally authorized to act on your behalf, make a consumer request related to your Personal Information, you can expect the following:

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact privacy@amilia.com.

We will verify your identity. You will need to provide us certain information so that we can verify that you are who you say you are.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. We will response to your request within the legally required amount of time.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

In certain cases, a request may be denied. For example, if we cannot verify your identity or if providing you information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to re-confirm your preferences with regards to Personal Information sharing and/or use of Sensitive Personal Information. However, you may change your mind and opt-in again at any time and manage your preferences as you see fit by contacting us as set above.

California Residents’ Privacy Rights

The California Consumer Privacy Act, which has been amended by the California Privacy Rights Act (collectively, the “CCPA”), is a law intended to enhance privacy rights and consumer protection for residents of the State of California. The CCPA applies to certain business entities that do business in California. For further details on the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and businesses with whom we disclose Personal Information, and the specific pieces of Personal Information that we have collected about you, please visit the “Personal Information We Collect” section above.

The following rights, as described in detail in “State-Specific Rights & Choices” section above, apply to all California residents (but not including legal entities, such as companies):

• The Right to Know.
• The Right to receive (“access”) a copy of your Personal Information.
• The right to request erasure of your Personal Information.
• The Right to Correct.
• The right to opt out of sales or certain disclosures (“sharing”) of your Personal Information. To exercise the right to opt out, you (or your authorized representative) can submit a request to us by visiting the following Internet web page link: https://intercom.help/amilia/e.... For clarity, we do not sell your Personal Information.
• The right to limit the use or disclosure of your Sensitive Personal Information. For clarity, we do not use your Sensitive Personal Information to infer characteristics about you.

To make a request under the CCPA, you may call 1-877-343-0004, email privacy@amilia.com, or using this link: https://intercom.help/amilia/e...;

As stated above, the CCPA also gives California residents the right to request that businesses opt them out of the sale or sharing of their Personal Information. Our practices for how we disclose Personal Information for targeted advertising are set forth in the chart above. Like most websites, our websites use cookies and other technologies to interact with third parties and service providers for things like website analytics and advertising. Some of this website interaction with third parties may be viewed as a “sale” under the CCPA, and you can opt out that sharing of Personal Information.

COLORADO RESIDENTS’ PRIVACY RIGHTS

Colorado Privacy Act (CPA)

The Colorado Privacy Act (CPA) is a law intended to enhance privacy rights and consumer protection for residents of the State of Colorado. For further details on the types of Personally Identifiable Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share personal information, and the specific pieces of Personal Information that we have collected about you, please visit the “Personal Information We Collect” section above.

The following rights, as described in detail in the “State-Specific Rights & Choices” section apply to all Colorado residents (but not including legal entities, such as companies):

• The Right to Know.
• The right to receive (“access”) a copy of your Personal Information.
• The Right to Correct.
• The right to request erasure of your Personal Information.
• The right to opt out of sales or certain disclosures of your Personal Information (for more information about your right to opt-out, please see the following Internet web page link. For clarity, Amilia does not sell your Personal Information.
• The right to opt out of the profiling in furtherance of legal or similarly significant effects concerning a consumer

• The right to appeal a controller’s refusal to take action regarding a privacy rights request.

The rights will not apply, however, if Amilia does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the CPA does not protect information that is already protected by certain other privacy laws, and does not protect information that is already publicly available).

Requests under CPA

To make a request under the CPA you may call 1-877-343-0004, email privacy@amilia.com, or visit this web page.