Privacy

Effective Date of Current Policy: October 27, 2017

This privacy policy (the “PRIVACY POLICY”) applies to the Open Farm website located at https://www.openfarmpet.com/, https://www.openfarmpet.ca and all other websites or digital platforms owned and operated by Open Farm Inc. on which this Privacy Policy appears (each individually, the “SITE”). The terms “OPEN FARM,” “WE”, “US” and “OUR” includes Open Farm Inc. and our affiliates and subsidiaries. This Privacy Policy explains how Open Farm may collect, use and disclose Personal Information (defined below) we obtain through the Site, from your communications with us, or from third parties. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information. “Personal Information” means “information about an identifiable individual”, including, but not limited to: your name, address, email address and phone number. “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized such that it does not allow a third party to easily identify a specific individual.

INFORMATION WE COLLECT AND HOW

(1) INFORMATION YOU PROVIDE TO US

We collect Personal Information when you choose to provide it to us, including when you:

• register to use the Site;
• purchase a product on the Site;
• use the Site;
• review one of our products or post content to public pages on our Site;
• communicate with us via the Site or via email; and
• sign up to receive marketing information about our products and services.

We may also collect information at other points on our Site with your consent and with notice to you. Please note that we may use third party service providers to help operate the Site and to provide analytical data with respect to the Site and these third party service providers may collect Personal Information from our Site for these purposes.

(A) REGISTER AN ACCOUNT.

The Site gives you the option of creating a user account (an “Account”). If you decide to create an Account, you will provide us with certain Personal Information, such as your first and last name, email address and password and information about your pet(s). You are not required to register to use the Site.

(B) PURCHASE AN OPEN FARM PRODUCT.

When you purchase an Open Farm product using the Site, you are given the option of logging into an Account or, if you do not already have an Account, Creating a New Account. In either case, when you purchase an Open Farm product, you will provide us with Personal Information, such as first and last name, email address, password, shipping address, billing address and credit card information, as well as information about your pet(s).

(C) MAKE A PAYMENT.

When you make a payment through the Site, you will need to provide Personal Information to our third party payment processors. Such Personal Information may include sensitive Personal Information, such as your credit card number, expiry date and security code. This information is not collected by Open Farm but is provided directly by you to our third party payment processors and its collection, use and disclosure is governed by their privacy policies. We encourage you to review the privacy policies of our third party payment processors.

(D) SUBMIT INFORMATION TO THE SITE.

We collect information you submit to the Site. This includes any text, images, videos, photographs, messages and comments on message boards, product reviews and customer testimonials. If you choose to post content such as a product review to any public area of the Site (i.e., where content can be viewed by all users with or without user accounts), the Site will collect the information in your submission to the Site and the information contained in your posting will be visible to others, including any Personal Information you choose to include. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Information in your posts if you do not want it to be seen or used by others. Please keep this in mind when submitting content to any public area of the Site. We reserve the right to use any product reviews or customer testimonials for our marketing and promotional purposes, so please take this into consideration if you choose to include Personal Information in your product reviews or testimonials.

(E) COMMUNICATE WITH US.

We may also collect Personal Information from you when you communicate with us. For example, you may send us Personal Information by sending an email to us, subscribing to the Open Farm email list or through our Site contact form. If you contact us via the Site, we will require your full name and email address. You also have the choice to provide us with your city, state/province, pet type and name and any other information you choose to provide. We will keep a record of that correspondence in order to respond to your enquiries and to process your requests.

(2) PASSIVE COLLECTION OF THE TECHNICAL INFORMATION

The Site collects and stores technical information that is generated automatically as you use it, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We use this data to analyze trends in the aggregate, for marketing purposes and to administer the Site. Technical information that we passively collect may be combined with other information about you, including Personal Information in order to deliver targeted advertising as described below.

TRACKING TECHNOLOGIES. Open Farm and its service providers use cookies, pixels, server logs, and other similar technology to analyze trends, administer the Site, track users’ movements around the Site, and to gather demographic information about our user base as a whole. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing our Site. We also use third party analytic providers, such as Google Analytics to help analyze how users use our Site. These third party analytic providers use cookies to collect information, such as how often users visit our Site, what pages they visit, and what other websites they used prior to coming to our Site. We use the information we obtain from third party analytic providers to improve our services. If you decide at any time that you no longer wish to accept cookies from our Site, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical settings information. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Site.

(3) INFORMATION PROVIDED BY THIRD PARTIES.

Open Farm may collect information about you from third parties, such as data vendors, that they have collected pursuant to their own privacy policies or supplement the information we collect from you with additional records received from such third parties. Information is collected from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.

USE OF YOUR INFORMATION. We use Personal Information and technical information to facilitate and improve our services, and communicate with you.

(1) INTERNAL AND SERVICE-RELATED USAGE.

We use and retain information, including Personal Information, to create and secure your Account, identify you as a user in our system, process your purchases and to administer, improve and facilitate the Site and our services.

(2) COMMUNICATIONS.

We may send emails to the email address you provide to us to verify your Account, respond to your inquiries, to process your purchases and for informational and operational purposes, such as Account management, customer service or system maintenance.

(3) MARKETING.

We may use information about you, including Personal Information, to send you information about Open Farm products and services, in accordance with applicable law. You can choose to unsubscribe from receiving this information at any time by clicking on the unsubscribe link contained in each email or by contacting us. Please note that even if you unsubscribe to marketing emails, we may still need to send you communications relating to your use of the Site, such as service announcements or Account information (where applicable).

(4) TARGETED ADVERTISING.

We may combine Personal Information and technical information to help us deliver targeted advertising to consumers that is displayed on both Open Farm websites and unaffiliated websites, to measure the effectiveness of our advertising and advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement. We believe that the use of such information is helpful to providing users with better services that are more tailored to their interests and needs. However, if you would like to opt-out of these interest-based advertisements, please follow the opt-out process described below under “Your Choices.”

(5) TECHNICAL INFORMATION.

We may use anonymized, aggregated or other technical data for marketing, analysis, research and product development purposes. These uses may include but are not limited to analyzing interactions with and performance of the Site, enabling us to improve our Site and services, and sharing such information with our business partners, affiliates, or any other third party. We may enhance any such anonymized and aggregated data collected via our Site with other information collected from our business partners.

DISCLOSURE OF YOUR INFORMATION

We may share your information:

• with your permission for the purpose(s) noted at the time such permission is sought;
• to comply with legal obligations; and
• to protect and defend our rights and property.

SERVICE PROVIDERS. We may share Personal Information with third party service providers who perform services on our behalf. These third parties are authorized to use your Personal Information only as necessary and in accordance with this Privacy Policy to provide these services to us, including:

• registering your Account;
• fulfilling subscription services;
• fulfilling orders;
• delivering orders;
• communicating with you about your order;
• payment processing;
• verifying your identity and preventing fraud;
• sending, evaluating and improving marketing communications; and detecting, preventing and remediating fraud or other potentially prohibited or illegal activities.

We may also authorize third party service provides to use anonymized technical information only as necessary in order to provide the following services to us:

• conducting research and analysis;
• conducting marketing analytics and measurement, including through Google Analytics;
• measuring and improving the performance of the Site; and
• developing and improving Open Farm products and services.

DISPLAYING TO OTHER USERS. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name, if you submit a product review. We are not responsible for privacy practices or actions of other users who will view and potentially use the posted information. As noted above, we may use all or part of product reviews and customer testimonials in our advertising and marketing. While we will attempt to delete any sensitive Personal Information, please take this into consideration if you choose to include Personal Information in your reviews and testimonials.

MARKETING. If you are in the United States and make a purchase using the Site, information collected from you may be made available to select third parties who offer products or services that may be of interest to you. If you prefer that we not share your information with such third parties, send an email to support@openfarmpet.com within thirty (30) days of your purchase. Note that if it has been more than thirty (30) days since your purchase, your opt-out may not apply to marketing initiatives that are already underway.

AS REQUIRED BY LAW AND SIMILAR DISCLOSURES. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal processes, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your Personal Information, other account information, and content if we believe in good faith that disclosure is necessary to protect your, our or others’ rights, property or safety, or to investigate fraud.

MERGER, SALE OR OTHER ASSET TRANSFERS. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction. The use of your Personal Information following any of the foregoing events will be governed by the provisions of the Privacy Policy in effect at the time such Personal Information was collected.

PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION Your Personal Information may be transferred to, processed and/or stored in a foreign jurisdiction outside of the jurisdiction in which it was originally collected. As a result, your personal information may be subject to the laws of such foreign jurisdiction and may be accessible without notice to you by the courts, law enforcement and national security authorities of such foreign jurisdiction.

YOUR CHOICES As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. To learn more about how you can opt out of targeted advertising on the Site, please visit the “Ad Choices” website located at https://youradchoices.ca/. To be clear, whether you are opting out by adjusting your browser/device settings or by using a website established by a self-regulatory group, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers. If you no long wish to receive marketing emails from us, you can use the unsubscribe link found at the bottom of our marketing emails to opt out of receiving future emails. We will process your request within ten business days of receiving your unsubscribe request.

THIRD PARTY SITES AND SOCIAL MEDIA PLATFORMS The Site may contain links to other websites and other websites may reference or link to our Site. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk. The Site also contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

SECURITY OF YOUR INFORMATION We take reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We follow generally accepted standards to protect Personal Information submitted to us, both during transmission and once it is received. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

CHILDREN'S PRIVACY We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@openfarmpet.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

INTERNATIONAL USERS By using the Site, you will transfer data to Canada. By choosing to visit the Site or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the Province of Ontario and the adjudication of any disputes arising in connection with Open Farm or the Site will be in accordance with the Terms of Use. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to Canada and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES We may revise this Privacy Policy, so please review it periodically. If we revise our Privacy Policy, we will update the "Effective Date" and such changes will be effective upon posting. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes. If we make any material changes in the way we use your information, we will notify you by email through the email address you most recently provided to us or by prominently posting a prominent notice of the changes on the Site.

ACCESS TO YOUR PERSONAL INFORMATION. If you are a Canadian resident and have any questions about the accuracy of the Personal Information that we have collected about you, you can have access to that Personal Information in order to verify and update it, unless we are permitted or required under applicable laws to refuse your access to such Personal Information. We reserve the right to save transaction data as is necessary to comply with legal obligations or for purposes of standard business operations. You may contact our Privacy Officer at the contact information below to request access to Personal Information that we have about you. We will respond to requests within 30 days. You have the right to complain to the Office of the Privacy Commissioner of Canada about issues related to your request.

CONTACT INFORMATION. We are accountable for all Personal Information in our custody and control and have designated a Privacy Officer, who is ultimately accountable for the handling of all Personal Information in our custody and/or control and for ensuring that the principles described in this Privacy Policy are being complied with. If you have any concerns, complaints, or if you would like further information regarding our privacy policies or practices, please contact our Privacy Officer by mail at Open Farm Inc., 170 Bedford Road, Suite 300, Toronto, Ontario, M5R 2K9, Canada or by email at support@openfarmpet.com