Terms and Conditions for Tahi Technologies INC

Contents

    Tahi Technologies Canada Inc., doing business as Else Labs ("we"/"us"). has created this Privacy Policy to set out how we collect, use, and disclose Personal Information (defined is Section 1 below) collected through [www.elselabs.io] its subpages and/or subdomains and its affiliated sites (each a "Site" and together the "Sites"), any application made available by us through the Apple App Store, Google Play Store or similar (each an "App") and the Services, features, content, mobile applications and or other related sources we offer (collectively with the Sites and Apps, the "Services"). This Privacy Policy also applies to the Personal Information we collect when you engage with us on social media, or otherwise interact with us. Please review this Privacy Policy carefully.

    Privacy is of great importance to us. By visiting, accessing or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

    1. WHAT DOES THIS PRIVACY POLICY COVER?

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      What is Personal Information?

      Personal Information means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

      A Note About Children.

      You must be at least 13 years old to use the Services. We do not intentionally gather Personal Information from visitors who are under the age of 13. If a child under 13 submits Personal Information to us and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at privacy@elselabs.io.

      A Note to Users Outside of the United States and Canada.

      If you are a non-U.S. or non-Canadian user of the Services, by visiting the Sites or App and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States and Canada, where laws regarding the processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer. For residents of the EEA please see Section ‎8 for more information on our obligations and your rights under the General Data Protection Regulation (“GDPR”).

      Third Party Disclaimer.

      Please note that this Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications, that you elect to access in connection with the Services or third parties that may resell our products. You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy.

      Lawful processing:

      We process your Personal Information only to the extent necessary for the performance of our obligations to you, which is in providing our products and the Services. We set out below the type of Personal Information that we collect and how we use it. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purposes without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Services.

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    2. COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA

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      • Information you provide. You may provide us with Personal Information when you: (i) contact us through our online or email forms (including sending us queries, joining our subscriber list to be updated on releases of our products, or responding through the Services to listed job postings), as well as through any third party social media accounts connected to our Services from time to time (i.e. Instagram, Facebook, Twitter, or otherwise); (ii) make a purchase or proceed with a payment transaction through the Services for our products and Service; (iii) use your computer or mobile device to access our service; and (iii) to simply visit or browse our Service. 

      • Information we collect. Our Service may collect Personal Information in connection with your actions on our Service including, your name, contact details (i.e. email address, telephone numbers), billing address, delivery address, resume for employment, your mobile device’s unique ID number, any unique product registration identification and warranty service numbers that can revert to any of the foregoing information, and your preferences in receiving marketing from us and our third parties,  including your communication preferences. We do not collect payment or credit information on our Service. We use third-party service payment providers to process any payment transactions for any purchases you may make for the products or services we offer through our Services. You are responsible for reviewing any such third-party payment providers’ privacy policies and/or statements, as well as their terms of service and/use, and complying with them.

      • Cookies and Automatic Tracking (How we Collect your Information). We automatically collect certain statistical, system log data, and other data about traffic to our Service. This information includes IP addresses, your login data (registration ID and login password for future logins to our Service, i.e. “persistent cookies”), page views, browser type and version, time zone setting and location, browser plug-in types and versions, operating system, type of device and platform and other technology you use to access and use the Services, how you use the Services (for instance, the buttons, controls, products, and ads you click on), pages of our Website that you visit, the time spend or have spent on those pages, your search queries, the dates and times of your visits, the webpage you were visiting before you accessed our Service, the webpages and app(s) you use after accessing and using our Service, and demographics such as gender and age of visitors and interest-based information (i.e. “session cookies).  A “cookie” is a small amount of data that is placed on your device, which may include a unique identifier. Cookies are sent to your browser from the Services and stored on your device. We use cookies to recognize devices and to collect information about Service users as described above. You may be able to set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. Various browsers may offer their own management tools for removing these types of tracking technologies. If you disable cookies, you may not be able to take advantage of all the features of the Services.

      • Google Analytics and Cookies. Some of the information we receive is obtained through the use of first-party and third-party beacons, scripts, and tags. The cookies we use on our Service are served by Google Analytics. When you visit our Service for the first time, you will have the option to enable or disable certain cookies. Information on how to opt-out of the Google Analytics browser add-on can be accessed at https://tools.google.com/dlpage/gaoptout/.

      • Cookies, Trackers, and Targeted Advertising. You can opt-out of targeted advertising by using the links below:

      • Opting out of Targeted Advertising. Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

      • Use of Personal Information. We use all of this information collected to, better understand the reach of our Service, and provide and deliver the Services, process, and complete transactions, and send you related information, including confirmations and invoices, respond to comments, questions, and requests and provide customer service, support, troubleshooting, and better user experience. For instance, some of the products may have unique warranty registration or identification numbers which you must register on our Service, to benefit from any warranty services we may provide you in connection with your purchase. When you register your product on our Services and are experiencing issues with the product, our customer care team will be able to trace back the product to you as its purchaser and assist you with troubleshooting your product. We also use the information to communicate with you about services, features, surveys, newsletters, offers, promotions, contests, and events, and provide other news or information about us and our select partners; investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities; monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes; link or combine with other information we receive from third parties to help understand your needs and provide you with better service; to improve and tailor our products and services to our customer base and for other business purposes. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Services. We do not sell any Personal Information of our Service visitors or users to third parties.

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    3. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION

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      We store our data, including Personal Information, on servers located in the United States and Canada. By submitting information, you agree to this transfer, storing, or processing of your Personal Information in the United States and Canada. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada under lawful access regimes or court orders.

    4. DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES

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      • Disclosure of Statistical Data. We may disclose aggregate statistical data to our partners and clients, such as advertisers and other third parties, who may use the data for business purposes. This information does not include any Personal Information.

      • Service Providers and Business Partners. We may from time to time employ other companies and people to perform tasks on our behalf and need to share Personal Information with them to provide information and services to you. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. This includes third-party companies and individuals employed by us to facilitate our business, including database management, web analytics, and general improvement of our products and services.

      • Business Transfers. If we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.

      • With Your Consent. If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain your express consent as required under applicable privacy laws.

      • As Required by Law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by applicable law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to, satisfy any applicable law, regulation, legal process, or governmental request; enforce our contracts or user agreement, including investigation of potential violations hereof; and detect, prevent, or otherwise address fraud, security or technical issues. This disclosure of information may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of our Privacy Policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders

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    5. SECURITY

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      The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect the Personal Information that you provide to us. We have implemented procedures designed to limit access, input, transmission, security of availability, separation, and dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

    6. RETENTION

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      We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.

    7. ACCESS, CORRECTION, AND ACCURACY

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      You have the right to access the Personal Information we hold about you to verify the Personal Information we have collected with respect to you and to have a general account of our uses of that information.  Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances, we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

      We will make every reasonable effort to keep your Personal Information accurate and up to date, and, if applicable, we will provide you with mechanisms to update, correct, delete or add to your Personal Information. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

    8. GENERAL DATA PROTECTION REGULATION (GDPR) PRIVACY RIGHTS.

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      We may be collecting and using information from you (the ‘data subject’) if you visit, access, and/or use our Services, and if you reside in the EEA. The GDPR provides certain rights to EEA residents including the right to request access to, obtain, correct, amend, delete, or limit the use of your personal data.  Any terms defined in the GDPR have the same meaning when used in this Section ‎8. This Section ‎8 of our Privacy Policy applies specifically to users or visitors who are EEA residents. In the event of any inconsistency between our Privacy Policy and this Section ‎8, this Section ‎8 shall control in connection with the privacy rights of EEA residents, solely and exclusively. Notwithstanding the foregoing and for the sake of clarification, this Privacy Policy shall be read as a whole and shall be applicable to EEA residents and users of our Services.

      1. GDPR Principles. Where the GDPR applies, the legal bases we rely upon include:

        • The right to be informed. You have the right to be provided with clear, transparent, and easily understandable information about how we use your Personal Information and your rights. Our Privacy Policy sets out how we use your Personal Information and your rights in connection with them. 

        • The right of access. You have the right to obtain access to your Personal Information (if we process it). For This will allow you to verify that we are using your Personal Information in compliance with applicable law. If you wish to access the Personal Information we hold about you in this way, please use the contact information referenced below to get in touch with us. 

        • The right to rectification. You are entitled to have your Personal Information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in the information that we hold by contacting us using our contact details below. 

        • The right to erasure. This is also known as 'the right to be forgotten' and, essentially, it means that you have the right to request the deletion or removal of certain of the information that we hold about you by sending your request to us using our contact details below. We will only retain your Personal Information for the duration and for as long as it is required to satisfy our intended purposes, in compliance with applicable law. So unless we have explicitly stated in this Privacy Policy, the Personal Information stored by us will be deleted as soon as it is no longer required for its intended purpose and its does not conflict with any statutory storage obligations. If it is not deleted for other necessities and legally permissible purposes, its processing is restricted. This means that data is blocked and not processed for other purposes and applies, for example, to data retained for legal, statutory, commercial, or tax purposes. 

        • The right to restrict processing. You have rights to restrict,  (i.e 'block' or 'suppress' further use of your Personal Information). When processing is restricted, we can still store your Personal Information, but will not use it further.

        • The right to data portability. You have the right to obtain a copy of your Personal Information in an accessible, human-readable, and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more about your rights to data portability, you may contact us using our contact details below.

        • The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can withdraw your consent by contacting us. 

        • The right to object to direct advertising. You have the right to object to certain types of processing of your Personal Information (if we process it), including processing for direct marketing purposes and profiling. You can object by deactivating your cookie and tracking settings on your web browser. Deactivating these cookies, however, may restrict your use or access to the functionality of the Services. In addition to the information provided to you in Section ‎2 of this Privacy Policy, and to learn more about how to object to the use of cookies and trackers, and opting out of our direct marketing, you may visit http://www.aboutads.info/choices/ (the United States and Canada), http://www.youronlinechoices.com/ (EU Website). 

        • The right to lodge a complaint. If your request or concern in connection with your Personal Information is not satisfactorily resolved by us, you have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

        • Disclosure to third parties. As an EEA resident, If your Personal Information is disclosed to third parties (for instances, contract processors) as part of our processing, transmitted to them, or access to the Personal Information is otherwise granted, this transaction shall only be done for lawful purposes(for instance, to fulfill our contractual obligations with our third-party payment providers, and only if you have provided your consent, and it fulfills our legitimate interests, such interests which we have outlined in this Privacy Policy. 

      2. Data Transfers.  As referenced in Section ‎3 of this Privacy Policy, all Personal Information hosted on our behalf may be transferred and stored by our third-party service providers at destinations outside the EEA that may not be subject to equivalent data protection law (i.e. United States and Canada).  It may also be processed by staff situated outside the EEA who work for us or one of our suppliers.  We may transfer your Personal Information outside the EEA:

        • to host or store it (see further our list of sub-processors at: [INSERT LINK] );

        • to enable us to provide goods or services to and fulfill our agreements and legal obligations with you in accordance with our terms of Services;

        • where we are legally required to do so;

        • to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights. Where your information is transferred outside the EEA, we take steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as where applicable relying on a recognized legal adequacy mechanism and contracts, to help ensure your rights and protections travel with your data and that your Personal Information is treated securely and in accordance with this Privacy Policy.

      3. Exercising your Rights to your Personal Information as an EEA resident. To exercise these rights to Personal Information under this Privacy Policy as an EEA resident, you may contact us using the contact details we have provided below. We may ask for further information to clarify your identity and location. If you are a customer or employee of one of our service provider customers, please contact the Services provider that you interact with directly, as in that circumstance we will be acting as a data processor, not a data controller

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    9. CALIFORNIA PRIVACY RIGHTS

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      This Section ‎9 provides additional details about the Personal Information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act (the “CCPA”). For more details about the Personal Information Else Labs has collected over the last 12 months, please see the section “Information you provide us” above. We collect this Personal Information for commercial purposes described above. Else Labs does not sell (as that term is defined in the CCPA) the Personal Information we collect.   Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use and disclose this Personal Information), to delete their Personal Information, to opt-out of any “sales” or “sharing” of Personal Information that may be occurring, and to not be discriminated against for exercising these rights.

      California consumers may make a request pursuant to their rights under the CCPA by contacting us at the contact information below. We will verify your request using the information associated with your account, if available, including your email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

    10. CHANGES TO THIS PRIVACY POLICY

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      We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used, or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Services or sending you an email prior to the change becoming effective. You are bound by any changes to this Privacy Policy when you use the Services after such changes have been first posted.

    11. ADDITIONAL INFORMATION, REQUESTS, AND QUESTIONS:

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      Questions regarding this Privacy Policy or our privacy practices should be directed to: privacy@Elselabs.io. 

    Last Updated: June 17,  2021