EP YAY’S PRIVACY POLICY

 

PRIVACY STATEMENT:

EP YAY, together with its parent, subsidiaries, affiliates, or any of their respective employees, agents, officers, directors or third-party service providers (collectively “EP YAY”, “we”, “us” and “our”) provides services to you through its website, https://yaymoments.com/CA (the “Website”), YAY Moments App (the “App”) and portal (the “Portal”). 

EP YAY is committed to protecting the personal information our customers (“customer”, “you” and “your”) provide, including the collection, use, and disclosure of personal information. EP YAY recognizes and respects the importance of protecting the security and confidentiality of the personal information we collect and maintain about our customers and takes steps to ensure we meet privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation, which can include the federal Personal Information Protection and Electronic Documents Act (PIPEDA), and any comparable provincial legislation as well as related regulations.

The purpose of this policy is to inform our customers and other individuals how we deal with your personal information and acts a guideline of how we collect, use, disclose, and protect your personal information. 

If you have questions, comments, concerns or require further information about our Privacy Policy or terms of use (“Terms of Use”) please contact our Privacy Officer at 1-888-508-1316.

We reserve the right to update or modify this Privacy Policy at any time without prior notice by posting an updated version at: https://yaymoments.com/CA/Privacy. If we update our Privacy Policy, we will provide you with the ability to opt-out of any new non-essential uses or disclosures of personal information. Your continued use of the YAY Moments Website, App and/or Portal shall be deemed irrevocable acceptance of those revisions.

TYPES OF PERSONAL INFORMATION:

Personal information means information about an identifiable individual. This may include, but is not limited to, identification information (name, date of birth, social insurance number, driver’s license number), contact information (address, telephone number, email address), financial information (bank account numbers, bank statements, credit report, credit card information, monthly income), and general information relating to your interactions with EP YAY (transaction information and information about how you use the Website collected through “cookies”). Personal information does not include anonymous information or information that relates to a group of people rather than individuals where the information does not otherwise contain identifying information.

YOUR CONSENT:

 Acknowledgement, Acceptance and Consent

We collect, use and disclose personal information with your knowledge and consent (unless otherwise required or permitted by law). By using or accessing our YAY Moments Website, App and/or Portal or by contacting our corporate office, you acknowledge and confirm that you have read, understand and agree to be bound by this Privacy Policy, as well as the Terms and Conditions governing use of the YAY Moments Website, App and/or Portal as may be amended from time to time. If you do not agree to be bound by this Privacy Policy or terms of use, you must cease using the YAY Moments Website, App and/or Portal.

 Identified Purposes

We limit the collection, use and disclosure of your personal information to the purposes we have identified in this Privacy Policy. If we identify a new purpose for your personal information, we will update this Privacy Policy and/or contact you to obtain your consent for the new purpose (unless otherwise required or permitted by law).

 Withdrawal of Consent

You can withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting our Privacy Officer. Upon reasonable, advance notice, EP YAY will ensure that your personal information collected is no longer used or disclosed by EP YAY (unless otherwise required or permitted by law). Once notified, we will use reasonable efforts to remove your personal information in a timely manner (unless otherwise required or permitted by law). We will advise you of any consequences of the withdrawal of your consent as it may result in you no longer being able to receive or participate in a product or service.

 Consent Not Required or Permitted by Law

EP YAY may be required or permitted under statute or regulation to collect, use or disclose personal information without the individual's knowledge and consent in certain circumstances. For example, but not limited to:

  1. When the collection, use, and disclosure is permitted or required by law or to comply with a court order.
  2. To comply with local, provincial, or federal laws or regulations or a legally permitted inquiry by a government agency.
  3. When the collection, use and disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely manner.
  4. When seeking the consent of the individual may defeat the purpose of collecting the information.
  5. When needed to collect a debt owed to us, to comply with a subpoena, warrant or other court order or as otherwise required or authorized by law.
  6. When information is publicly available.

OUR PRINCIPLES OF PRIVACY:

  1. Establishing Accountability: EP YAY is responsible for maintaining and protecting the personal information under its control.
  2. Obtaining Consent: EP YAY will require the knowledge and consent of the customer for the collection, use or disclosure of customer information (unless required or permitted by law).
  3. Identifying the Purpose and Limiting the Collection of Information: EP YAY will identify the purposes for which personal information is collected before or at the time the information is collected, by fair and lawful means. Personal information collected must be limited to those details necessary for the purposes identified by EP YAY.
  4. Limiting Use, Disclosure and Retention of Personal Information: EP YAY may only use or disclose personal information for the purpose for which it was collected unless the customer has otherwise consented, or when it is required or permitted by law. EP YAY will retain customer information for the duration of our relationship with the customer, plus a reasonable period of time as required or permitted by law.
  5. Keeping Information Accurate: EP YAY will maintain customer information in as accurate, complete, and up-to-date form as is necessary to fulfill the purposes for which it is to be used. However, if your personal information has changed, it is your responsibility to provide the updated information to EP YAY.
  6. Protecting Customer Information: Personal information will be protected by security safeguards that are appropriate to the sensitivity level of the information.
  7. Maintaining Openness of Policies and Practices: EP YAY will make information available to customers concerning the policies and practices that apply to the management of personal information.
  8. Providing Customer Access to Personal Information: Upon request, a customer shall be informed of the existence, use and disclosure of their personal information, and shall be given access to it, except when legally restricted. Customers may verify the accuracy and completeness of their personal information and may request that it be amended, if appropriate.
  9. Handling Customer Complaints and Questions: Customers may direct any questions or inquiries with respect to the privacy principles or our privacy practices by contacting our Privacy Officer.

PERSONAL INFORMATION WE COLLECT:

Products or Services

We will identify the purposes for which personal information will be collected before or at the time of collection (unless new purposes are later identified as set out above). We collect personal information to facilitate the products and services that are offered through the YAY Moments Website, App and/or Portal and by EP YAY generally, including information about the products or services, gift cards available for purchase towards those products or services, or specific instructions regarding redemption of gift cards. 

 Product Preferences, Research and Other EP YAY Offerings

We may also put personal information to other uses, such as communicating information and offers to you, respond to your inquiries and to conduct research to better understand, analyze and respond to your needs and preferences, and to subsequently develop, enhance, and/or provide products and services to meet those needs, such as through promotions or marketing initiatives. Your personal information may be combined with other personal information collected by us to provide aggregate statistical information about your service usage preferences. 

  Some Examples of Collection   

EP YAY might collect personal information for the following purposes (this list includes only some examples and is not exhaustive):

  1. Your full name, address, telephone number, e-mail address, age, etc. for product or service applications, enrolling in the YAY Moments App or Portal, or to adequately respond to your inquiries.  
  2. Your bank account or credit card information, depending on your chosen method of payment for EP YAY services through the Portal.
  3. Your purchase history and product or service preferences or instructions as relates to our products or services.
  4. Your IP address and device information, such as identifier, name and type, operating system, location, mobile network information and standard web log information such as your browser type, traffic to and from our YAY Moments Website, the pages you accessed on our Website, and any other available information. This includes, but is not limited to, details of your purchases, content you viewed, event information, click stream information and cookies that may uniquely identify your browser or App.
  5. Your information provided during any contact you have with any of our services or employees, such as with our customer support team, surveys or through your interactions with us.
  6. Your history relating to customer transactions and experiences with us and third parties.

USE OF YOUR PERSONAL INFORMATION:

How we use your personal information may differ depending upon how you interact with us, and what services or products you request and we provide. We will use your information to provide the products and services as requested by you and/or to offer other products or services which we have identified may be of interest. 

Some Examples of Uses 

EP YAY uses personal information for the following purposes (this list includes only some examples and is not exhaustive):

  1. To confirm or verify your identity or signature.
  2. To process billing and invoices, and manage, administer, and collect your payments for products or services.
  3. To maintain business records for and generally manage and administer our business.
  4. To maintain contact with you as permitted by law.
  5. To extract and generate statistics for our internal purposes.
  6. To extract and generate statistics for merchants or service providers.
  7. To improve our products and services.
  8. To promote and market our products and services.
  9. To meet legal, regulatory, security, processing and contractual requirements, or otherwise as permitted or required by law.

DISCLOSURE OF YOUR PERSONAL INFORMATION:

EP YAY discloses personal information as reasonably required to process and provide products or services to you, including suggestions of other promotional or special offers of our products and services available to you. We will make reasonable efforts to ensure personal information is as accurate, complete and up-to-date as is necessary for the purposes for which it is used. Due to the nature of EP YAY’s business, personal information will be updated on an on-going basis. 

Personal information that is shared with a third party for the purposes identified in this Privacy Policy is protected through contractual agreements which contain requirements for confidentiality and comparable privacy safeguards. These contractual agreements are entered into prior to the disclosure of your personal information (unless otherwise permitted or required by law).

We Do Not Sell Personal Information to Third Parties

EP YAY does not sell your personal information to third parties (except as may apply under the Financing Sources and/or Sale of Business section below). 

Financing Sources and/or Sale of Business

We may use and disclose your personal information to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment, or other disposal of all or part of our business or assets, including for the purpose of permitting such parties to determine whether to proceed or continue with such transaction, to fulfill reporting, inspection, or audit requirements or other obligations to such parties. If all or part of our business or assets to which your personal information relates is sold, assigned, or otherwise disposed of, your personal information will be used and disclosed by such parties for substantially the same purposes as described in this Privacy Policy.

Examples of Disclosure

EP YAY may disclose your personal information to and for the following (this list includes only some examples and is not exhaustive):

  1. We may disclose personal information we collect to a third party that performs services on our behalf, which may include but is not limited to, YAY Moments Website, App, Portal and server maintenance, customer database administration, marketing activities or statistics collection.
  2. Obtaining financial or insurance services for EP YAY.
  3. We may cooperate with suppliers, Merchants, Service Providers and partners for providing you with additional products or services or for advising us on matters such as market research and data processing. Such parties will only be given the information that may be necessarily required to perform the applicable services and they are required to adhere to comparable privacy standards.
  4. We may disclose personal information as necessary to meet legal, regulatory, insurance, audit, and security requirements, or as permitted or required by law.
  5. Third parties at your request, including parties on behalf of whom you have purchased a gift card.

PROTECTING PERSONAL INFORMATION:

Internet Security

EP YAY is committed to protecting the security of our Users. Please keep in mind, however, that no data transmission over the internet or any wireless network can be guaranteed to be 100% secure and it is not confidential. Such data can be intercepted, lost, misused or altered. As a result, we cannot guarantee the security of any information you transmit using the YAY Moments Website, App and/or Portal, or the internet and you transmit such information at your own risk. Furthermore, EP YAY does not assume any responsibility for use or disclosure of your information that is the result of unauthorized or illegal access to our systems or the YAY Moments Website, App and/or Portal or those of our service providers.

We operate secure data networks protected by industry standard firewall and password protected systems, and maintain physical, electronic and procedural safeguards to protect the integrity and privacy of these servers and of your personal information. 

Storage

We store your personal information in our computer databases. We own, maintain, and operate our computer servers containing our databases. We use firewalls and other security measures to protect our servers. Access to your personal information is provided to our employees, other service providers and/or third parties, only on a need-to-know basis. Authorized employees and agents of EP YAY who require access to your personal information to fulfill their job requirements and for the purposes described in this Privacy Policy will have access to your personal information.

Your information may be stored by us on our own protected servers, or by other parties in electronic or physical files. Electronic files are stored on servers which may be located outside of Canada, including in the United States. If such information is located outside of Canada, foreign governments, courts of law enforcement or regulatory agencies may be able to obtain disclosure of this information. 

Safeguards

EP YAY is committed to ensuring that your personal information is protected by reasonable security safeguards. In addition to the safeguards set out above for data transmission, EP YAY follows generally accepted industry standards to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control. Such safeguards may include, but are not limited to, protecting against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. EP YAY will update and review the reasonableness of the security safeguards as needed on an ongoing basis.

OUR WEBSITE AND THE INTERNET:

Visiting our Website 

We operate our YAY Moments Website which provides information about your accounts, and allows you to request further information, customer support or make other inquiries. Like most websites, our Website gathers traffic patterns which may be linked to your internet protocol or "IP" addresses (which are unique internet "addresses" assigned to all internet users by their internet service providers), Website usage information, type of operating systems, time and duration of visit and pages requested as well as identifying categories of visitors by items such as domains and browser types. These statistics are only collected and used on an aggregate basis to evaluate our visitors' preferences and the effectiveness of our Website. This aggregate usage data does not identify you individually. We may share anonymous, aggregated statistics about visitors to our Website with others outside our company, or we may allow third parties to collect aggregate data through our Website.

Personal information provided by you online is used to respond to your inquiries and fulfill your requests. Personal information that you voluntarily provide in response to our online questionnaires and surveys is used to help us learn more about your interests and preferences and may be used to send you periodic information about our products and services (if you have chosen that option).


Cookies and Other Features

Our YAY Moments Website makes use of cookies. A cookie is a small text file which asks permission to be placed on a User's computer by a website and keeps track of your browser as you navigate the website. Once the User agrees, the file is added, and the cookie helps analyze web traffic or lets the User know when they visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to customers' needs, likes, and dislikes by gathering and remembering information about a customers' preferences. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

We may use cookies to keep track of merchant and service provider preferences, record session information (such as language preferences), develop aggregate information about website visitors' preferences and interests, record past activity at a website in order to provide better service when you return to our Website or customize webpage content based on your browser type or other information you provide. We use a third party to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our Website, and information gathered through cookies is only used on an aggregate basis.

Unless you specifically provide your identity to us, such as by providing information through an online form or sending us correspondence from the Website, cookie information is anonymous, and we will not know the identity of any individual visitor. You can disable cookies using your internet browser's settings. Please consult your browser's help function for information on how to disable cookies. If you disable cookies, certain features of our Website may not function properly. 

Our Website may also use a technology called "tracer tags" or "web beacons” which are electronic images that allow us to understand which pages you visit on our Website and to help us optimize and tailor our Website. Web beacons may also be used in some of our emails to let us know which emails and links have been opened by recipients, which allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Our Website may include links to other websites that are provided as convenience only and whose privacy practices and policies may differ from those of EP YAY. We are not responsible for such third party websites. If you submit personal information to any of those websites, your information is governed by third party privacy policies. We encourage you to carefully review the privacy policies of any third party websites you may visit.

We may also use third parties to serve our advertisements on our Website and other websites. These companies may use cookies, tracer tags or web beacons to report certain information about your visits to our Website and other websites (such as web pages you visit and your response to ads) to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our website. You can opt-out of interest-based ads from Google by visiting https://www.google.com/settings/ads. To find out more about the collection and use of information by third parties for behavioural advertising purposes, or if you would like to opt-out of certain third party cookies and make selections about what online advertisement you choose to receive, you can visit the Digital Advertising Alliance of Canada website, https://youradchoices.ca.


COMMUNICATIONS:

Text Message or Email Communications:

We may contact you by SMS text or email using the telephone number and/or email address you have provided to us to verify your identity, or notify you of payment transactions. Any information you provide by text will be handled by us according to the terms of this Privacy Policy.

Telephone Communications:

Your telephone conversations with our authorized employees and representatives may be monitored and/or recorded for quality control, internal training and recordkeeping purposes. We, and third parties with whom we share your personal information in accordance with this Privacy Policy, may contact you by telephone using the telephone number you have provided to us.

GOVERNING LAW:

EP YAY controls and operates this YAY Moments Website in Canada. Our online privacy practices are governed by the laws of Canada and Alberta, which may differ from privacy laws in your province, state or home country. By submitting your personal information to the YAY Moments Website, App and/or Portal or to EP YAY by any other means, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable Canadian law and this Privacy Policy.

ACCESS TO PERSONAL INFORMATION:

You have the right to access the personal information we hold about you. You can access your personal information by making a written request to our Privacy Officer. You may be required to provide satisfactory proof of identification to ensure the safety and security of the personal information before we can process your request. We may charge a reasonable cost (e.g. photocopy or mail charges) to provide such requested information. If we are not able to provide you with access to some of your information, we will advise you of the reasons we are not able to provide access. Where possible, we will advise you of the source of the personal information, its use, and any parties to whom it may have been disclosed. 

We reserve the right to decline to provide access to personal information where the information requested would disclose: 

  1. personal information of another individual or a deceased individual;
  2. the information is not readily retrievable and the burden or cost of providing the personal information would be disproportionate to the nature or value of the information;
  3. it does not exist, is not held or cannot be found by us;
  4. it could reasonably result in serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or
  5. it may harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions.

We will not respond to repetitious or vexatious requests for access.


CONTACTING US AND ACCESS TO YOUR PERSONAL INFORMATION: 

We may establish and maintain a file of your personal information for the purposes described in this Privacy Policy which will be accessible at our Corporate Office in Edmonton, Alberta. If you wish to request access or correction of your personal information in our custody or control, you may contact our Privacy Officer by phone at: 1-888-508-1316; or by email at: privacyca@yaymoments.com; or by writing to us at: 

Everyday People YAY Inc., Attention: Privacy Officer

#450, 11150 Jasper Avenue NW

Edmonton, AB T5K 0C7

Your right to access or correct your personal information is subject to applicable legal restrictions.