Orchard Technology Inc.
Last Updated: December 21, 2022
Information We May Collect
We understand your desire for privacy and recognize that you trust us with your Personal Information including financial information. We collect Personal Information, as defined in the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, from you so that we can provide you with a positive experience when utilizing our Sites and Apps, as well as, to verify your personal identity, manage fraud, and fulfil our various other legal, contractual, and regulatory obligations. This information is collected in order to process your application for services we provide and during the course of your contract for services with each offering or services that you elect to use or participate in.
Financial Information is recognized as business ownership percentage, tax identification numbers, proof of address such as a bank statement, business lease or rental contract or utility bill, bank account information (including but not limited to bank name, account holder name, address, routing number, bank number, bank account number, and swift codes), source of wealth/funds, annual income statements, and other information required to complete and continue the sign up and acceptance process for the various offerings or services via our Sites and Apps.
The information we collect about you falls into general categories – Personal Information you provide to us and Personal Information that is collected automatically about you when you use our Sites and Apps that may be gathered from other third parties to provide or effect the services in which you participate in.
Anonymous Information (“A.I.”) means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual or business. You could provide A.I. or it could be collected automatically. Examples may include information about your internet browser, device information you used to access the Sites and Apps such as geolocation information or unique device information, demographic data such as city and state, usage information about your use of the Sites and Apps, additional traffic data such as time and date of access, software crash reports, session identification numbers and access time, and other information regarding your use of the Sites and Apps.
To help us better understand our markets, we may also gather information for analytical purposes by conducting customer surveys, or by extracting demographic information from existing files or third parties who provide such data.
“Personal Information” refers to information that identifies, whether directly or indirectly, a particular individual or business entity. Examples may include your name, postal address, email address, telephone number, Social Insurance Number, Business registration or applicable tax identification number, date of birth, banking information and other personal information.
Use of Your Personal Information
The Company may use your Personal Information, for purposes including but not limited to, for the following:
- To provide and maintain our service, including monitoring the usage of our service.
- To attempt to fulfill a contract in order to provide services to you.
- To manage your user account.
- For the development, compliance and undertaking of the purchase contract for the products, items, or services you purchased or of any other contract with the Company through the Service.
- To contact you by in app notifications, emails, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates and user authentication, when necessary or reasonable for their implementation.
- To manage your personal requests.
- To optimize and enhance the Company’s services.
- To comply with legal, contractual, and regulatory requirements.
- To detect, prevent, mitigate, and report fraud and related matters.
We may share your personal information in the following situations:
- With Service Providers- we may share your personal information with Service Providers so that they can provide us with services, including identity verification, fraud detection and prevention, security threat detection, credit bureau verifications, payment processing, customer support, data analytics, information technology, advertising, marketing, data processing, network infrastructure, storage, and transaction monitoring.
- For Business transfers-we may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Commercial Relationships – included but not limited to billing collections, renewal notices, and system upgrades related to products and services.
- With Business Partners-we may share your information with our business partners to offer You certain products, services or promotions where you have opted in for such offerings or services..
- With Professional Advisors- we may share your Personal Information with our professional advisors, including legal, accounting, and other consulting services providers for purposes of audits and to comply with our legal, contractual, and regulatory obligations.
- With Other Users-when you share Personal Information or otherwise interact in the public areas with other users in blogs, forums, ratings, or other public services where such information may be viewed by all users and may be publicly distributed. If you interact with other users or register through a third-party services such as social media service or website rankings, services your contacts on the third-party service may allow other users to see your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
- Law Enforcement - under certain circumstances, the Company may be required to disclose your Personal Information, such as if required to do so by law or in response to valid requests by public authorities.
Tracking Technologies and Cookies
You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. Note that if you do not accept Cookies you may not be able to use some parts of our services.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline or no longer are accessing the Sites and Apps, while Session Cookies are deleted as soon as you close or leave the Sites and Apps on your personal computer or mobile device.
Retention of Your Personal Information
The Company will also retain Usage Data for internal analytical purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Sites and Apps, or We are legally obligated to retain this data for longer time periods.
The Company will move and retain information in the form of Data anonymization. Data Anonymization is the process of protecting private or sensitive information by erasing or encrypting identifiers that connect an individual to stored data.
Transfer of Your Personal Information
Transferring of your Personal Information is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. This means that your Personal Information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those of your jurisdiction.
Age of Maturity and Personal Information
Our Sites and Apps are not intended for use by persons under the age of maturity in their respective jurisdiction, except where required for Payroll, Tax, or Commission purposes. We do not solicit or knowingly accept any Personal Information from persons under the age of maturity, except where required for Payroll, Tax, or Commission purposes. When required to collect Personal Information for those under the age of maturity, further explicit “meaningful” consent will be provided in plain language as to intuit the purpose, nature, and use of such information to fulfil obligations related to the Income Tax Act.
Law Enforcement & Other Legal Requirements
Security of Your Personal Information
We take commercially reasonable steps to protect the Personal Information you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Information with trusted third parties who use the same level of care in processing your Personal Information. That being said, we cannot guarantee that your Personal Information will always be secure due to technology or security breaches. Should there be a data breach of which we become aware, we may inform you directly or by public notice as required by the Breach of Security Safeguards Regulations under PIPEDA.
We have a “no spam policy” and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all emails or through your profile preferences in the Sites and Apps. We have taken the necessary steps to ensure that we are compliant with the Canadian Anti-Spam Legislation (CASL) by never sending out misleading information. We will not sell, rent or share your Personal information, including your name or email address.
Your Privacy Rights
As explained above, we collect Personal Information in various ways depending upon your use of our Sites and Apps. We process Personal Information on the following legal bases: (1) with your explicit consent; (2) as necessary to perform our agreements; and (3) as necessary for our legitimate interests in providing services where those interests do not override your fundamental rights and freedom related to data privacy.
If you are a resident of Canada, the United States, European Union, European Economic Area, Channel Islands or Switzerland, you are entitled to the following rights. Please note, in order to verify your identity, we may require you to provide us with Personal Information prior to accessing any records containing Personal Information about you.
The Right to Access: you have the right to obtain information about our processing of Personal Information and a copy of your Personal Information that we store using a zero-knowledge proof. This means we will verify the Personal Information you have provided against our records to allow access to your Personal Information. At no time will we share such Personal Information outside of legal, contractual, or regulatory obligations.
The Right to Rectify your Data: You have the right to request that we update your Personal Information if it is inaccurate or incomplete.
The Right to Request Data Erasure: You have the right to have your Personal Information erased from our files if the data is no longer necessary for the purpose for which it was collected, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the collection, or use of such data. Note that a Request for Data Erasures cannot be performed if there is a legal, contractual, or regulatory obligation in relation to storage of such data.
The Right to Restrict or Object to Our Processing: You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
Orchard Privacy Officer
Mail: MyOrchard Customer Service
Attention: Privacy Protection Officer
Address: 1055 West Hastings Street Suite 2130, Vancouver BC, V6E2E9
If you do not receive acknowledgement of your inquiry or complaint or if your inquiry or complaint has not been addressed to your satisfaction within 30 days, you may contact the Office of the Privacy Commissioner of Canada via :
Mail: Office of the Privacy Commissioner of Canada
30 Victoria Street, Gatineau Quebec, KIA 1H3
Phone : 1-800-282-1376
Fax : 819-994-5425
Website : http://www.priv.gc.ca
Links to Third-Parties Websites and Apps
We have no control over and assume no responsibility or liability for the content, privacy policies or practices of any linked third-party websites, services, or apps.