Privacy Policy

NIKU Farms Inc

This Privacy Policy is effective as of [2018].

NIKU Farms Inc ("NIKU Farms", "we", "us" or "our") takes steps intended to meet privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation. The purpose of this statement is to inform our users and other individuals we deal with (including third party transportation partners and their employees) ("you", "your" or "user") how we collect, use, disclose and protect your personal information in connection with (a) the use of the website operated at [nikufarms.com] and such other locations as made available from time to time and mobile or other applications on which this Privacy Policy is posted or linked to (collectively, the "Website"), (b) any "app" or other front-end software provided by us (for greater certainty, excluding third party software that may interact with the Website or the Services, (as defined below)) that interacts or interfaces with the Website (the "Software"), and (c) the services we provide through the Website and/or the Software (collectively, the "Services"). Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation.

By visiting our Website or otherwise providing us with personal information, you agree that we may collect, use and share your personal information as described in this Privacy Policy. If you do not agree, please do not visit our Website or provide us with any personal information. We may at any time and at our sole discretion update this Privacy Policy by posting the updated Privacy Policy here along with the date on which the Privacy Policy was changed. Any changes will be effective immediately upon the posting of or linking to the revised Privacy Policy on our Website. This Privacy Policy is incorporated by reference to the general Terms and Conditions of Use for NIKU Farms located at [http://nikufarms.com/tos.php], and forms an integral part of it. All capitalized terms not otherwise defined herein have the meaning provided in the general Terms and Conditions of Use for NIKU Farms.

Index of Document

1. Introduction
2. What Information Do We Collect?
3. How We Use Your Information
4. Cookies, Tracking Technologies and Interest-Based Advertising
5. Do We Share The Information We Receive?
6. How Secure Is My Personal Information?
7. Links To External Content
8. Your Consent
9. Your Rights
10. Access, Correction and Contacting Us
11. Policy Update

1. Introduction

We respect and uphold individual rights to privacy and the protection of personal information. We know how important it is to protect your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Privacy Policy to explain our practices for the collection, use, and disclosure of your personal information.

a. Personal Information

For the purposes of this Privacy Policy, "personal information" means information about an identifiable individual, including, for example, an individual's name, home address, email address, delivery address, telephone number, social insurance number, sex, income and family status. Personal information does not include information that would enable an individual to be contacted at a place of business, for example an employee's name, position or title, business telephone number, or business address. We will only collect, use or disclose personal information in accordance with this Privacy Policy, or in accordance with laws applicable to the collection, use and disclosure of your personal information by us ("Applicable Privacy Laws"). If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us and in accordance with this Privacy Policy and such policy under which that information was collected.

b. Non-Personal Information

On the other hand, "non-personal information" is any type of information other than personal information, and is excluded from this Privacy Policy. For example, non-personal information would include business information, or information that enables an individual to be contacted at a place of business, for example an employee's name, position or title, business telephone number, or business address. Non-personal information also includes information that is anonymous or not about an identifiable information, such as web browsing information (such as the domain used to access the Website, or the type and version of device, browser or operating system being used to access the Services), or aggregate information that anonymizes the underlying data (like the number of visitors, what pages users visit, average time spent on the Website or on various parts of the Services). We will collect, use or disclose non-personal information in accordance with our ordinary business practices, but always in accordance with any applicable laws. This Privacy Policy, however, only covers our collection, use and disclosure of personal information.

c. Information about Minors

This site is not intended for minors and no person under the age of majority may register for an Account. We do not knowingly collect personal information about any person under the age of majority (usually the age of 18 or 19, but it varies in different jurisdictions) and no such person, nor any parent or guardian as it relates to such person, should submit their personal information to us for any reason. Please do not submit personal information about minors to us, whether through the Website, the Services or otherwise.

2. What Information Do We Collect?

NIKU Farms and its agents and representatives collect personal information in a number of circumstances while operating our platform that allows users who comply with NIKU Farms’ policies to offer, sell and buy certain goods within a fixed-price format. In general, you may visit the Website without providing any personal information. However, in order to use certain features of our Website, we may need to collect your personal information. For example:

• We collect your name, delivery address, email address and contact information when you purchase food and other goods through our Website.
• We collect your username, delivery address, email address or telephone number, and password when you create an account or public user profile with NIKU Farms (an "Account"). We collect additional information that you choose to add to your Account, such as a profile picture.
• If you use a social media account to create an Account on our Website, to log-in to our Website, or if you otherwise interact with a social media service through our Website (such as by using a plug-in), we will receive personal information from the social media service, such as your username, email address, gender, public profile information and any other information that you have agreed to share with us, whether explicitly or through your privacy settings.
• Our Website may offer public forums or communication platforms that allow you to communicate with other users, post information, content, images, photos or videos, post your opinions on surveys, or submit reviews or ratings (collectively, your "Content"). Your Content will be associated with your Account. Your Content and Account is public, unencrypted and non-confidential. This means that it can be read and used by others, including advertisers. We are not responsible for the information you choose to submit in these public areas. You should exercise caution when deciding to disclose personal information in public areas of our Website.
• We collect geographical location information if certain features of the Website you are using is location-enabled and your device transmits location data and/or your IP address, so we can provide location-specific information to you.
• We may collect personal information when you participate in a survey, poll, contest or promotion, such as your name and contact information and responses to survey or poll questions or the information you provide on a contest entry form.
• We may collect other personal information with your consent or where required or permitted by law.

We, our service providers and third party advertising partners also collect information about Website visitors automatically using cookies and other tracking technologies. See Cookies, Tracking Technologies and Interest-Based Advertising [insert jumplink] below.

3. How We Use Your Information

NIKU Farms generally uses the personal information we collect to provide the product, service, feature or information you have requested and for our reasonable business purposes, including:

• fulfill you order, including sending your completed Order Form to the applicable NIKU Farm Seller and providing your name and delivery address to a third party transportation partner company driver;
• send you an order confirmation, if applicable;
• for distribution to our payment processor for the provision of payment services;
• to manage our Website and provide our services, such as to create and administer Accounts and facilitate the use and enjoyment of communication platforms;
• to notify you of changes to the Services, your Account or our Website’s services, terms, conditions or policies and to provide you with administrative messages, updates, legal notices, technical notices or security alerts;
• to enable geographic-specific features, such as geographic-specific pricing and information;
• to customize your user experience, including by tailoring the advertisements that are displayed to you to make them more useful and relevant to you;
• to conduct research and development, analyze and understand trends and user behaviour and to improve our Website, Services and Goods;
• to respond to your inquiries and provide you with technical and other support;
• to ensure compliance with our Terms and Conditions of Use and prevent fraud;
• to provide you with newsletters, information, promotional offers and other advertising, including online;
• to facilitate your participation in a contest or similar promotion, or a survey or poll;
• to maintain business records for reasonable periods, and generally to manage and administer our business including defending and bringing legal actions;
• to meet legal, regulatory, insurance, security and processing requirements; and
• for other purposes as described in this Privacy Policy, with your consent or as permitted or required by law.

4. Cookies, Tracking Technologies and Interest-Based Advertising

We, our service providers and third party advertising partners use technologies that automatically collect information about Website visitors.

We automatically collect information about how you access, navigate and leave our Website, including the website you came from before visiting our Website, what browser type and operating system you are using, the internet protocol (IP) address you are accessing the Website from, your mobile device ID or advertising ID if you visit our Website from a mobile device, the pages of our Website that you are navigating through, the date and time of your visit, how long you spend on our Website or certain pages of our Website and what website you go to after visiting our Website. This information may be used to determine how many visitors visit our Website or certain areas of our Website and how long they remain on our Website. We may share this information with partners who referred you to our Website, and with advertising partners, who may use this information to optimize the traffic they send to us and for delivering targeted ads to you when you visit other websites.

We, our service providers and third-party advertising partners collect information about Website visitors using cookies and other tracking technologies (including browser cookies, pixels and Adobe Flash). We use these technologies to remember your preferences and facilitate navigation of our Website. We, our service providers and third-party advertising partners also use these technologies to track your activities on our Website and other websites, including the websites and web pages that your visited, the ads or content that you clicked on and the search terms that you used, in order to deliver tailored advertising to you.

If you would prefer not to accept cookies, most browsers will allow you to (a) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (b) disable existing cookies; or (c) set your browser to automatically reject any cookies.

5. Do We Share The Information We Receive?

NIKU Farms discloses personal information in the following circumstances: Service Providers. NIKU Farms may transfer personal information to outside agents or service providers (including affiliates of NIKU Farms acting in this capacity) that perform services on our behalf, for example, mailing and delivery, billing, marketing, information technology and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Privacy Policy. Some of these service providers or affiliates may be located outside of Canada, including in the United States, and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Privacy Policy. Reasonable contractual other measures we may take to protect your personal information while processed or handled by these service providers are subject to legal requirements in Canada, the United States and other foreign countries applicable to our affiliates, agents and service providers, for example lawful requirements to disclose personal information to government authorities in those countries. These service providers are authorized to use your personal information only as necessary to provide these services to us, and in a manner consistent with this Privacy Policy. We have selected service providers who will only use your information in compliance with this Policy, but they may have their own specific policies regarding the collection, use and personal information. We will use commercially reasonable efforts to identify such service providers when we are collecting your personal information, as well as providing links to the relevant privacy policies that may apply. Here are some examples of the service providers we use as part of the Services:

• Our Website is physically hosted by Digital Ocean LLC, a reputable hosting platform with industry standard security and practices.
• We do not directly process payments through our Website, Software or Services. We use Shopify and their privacy terms are available here: https://www.shopify.com/legal/privacy. We only ourselves collect and store limited parts of that information to provide a record of your transaction and to prevent fraud (such as a part of a credit card number, or a part of your billing address).
• When you complete an order for Goods on an Order Form through the Services, we forward certain aspects of the information you provide to the relevant NIKU Farms Seller to enable them to complete the order. We have entered into arrangements with these parties to ensure that they respect privacy in a manner consistent with this Privacy Policy.
• We also forward certain personal information from the Order Form to third party transportation partners, including name, contact information and delivery address, so that your order may be delivered to the address that you provided in your Order Form.
• We use a third party to gather information about how you and others use our Services. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used. We may also use unique codes, web beacons or single-pixel gif tags to compile tracking information reports regarding Services user demographics, Services traffic patterns, and other aggregated Website or Services statistics, both on the Website and in our electronic communications in order to determine which materials and links have been used by recipients. We may then provide these reports to advertisers and others.

Business Transactions. Personal information may be used by NIKU Farms and disclosed to parties connected with the proposed or actual financing, insuring, sale, assignment or other disposal of all or part of NIKU Farms or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples:

• permitting those parties to determine whether to proceed or continue with the transaction
• fulfilling reporting, inspection or audit requirements or obligations to those parties

Assignees or successors of NIKU Farms or our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Policy.

Legal, Regulatory, etc. NIKU Farms may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable NIKU Farms or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).

In addition to the above, personal information may be disclosed to our affiliates (including outside of Canada) for internal audit, management, billing or administrative purposes including defending and bringing legal actions.

6. How Secure Is My Personal Information?

We follow generally accepted industry to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. For example, we use secure sockets layer (SSL) software, which encrypts information you input online during transmission to us. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https". Authorized employees, agents and mandataries of NIKU Farms who require access to your personal information in order to fulfil their job requirements will have access to your personal information.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, and so you should always exercise caution when disclosing sensitive information over the Internet. If you have any questions about security on our Website, you can contact us at [email protected].

7. Links To External Content

Our Website may link or direct you to other websites, services or external content provided by third parties. We do not exercise any control over these third party websites or services. We are not responsible for the privacy practices of such third party websites or services. We recommend that you read the privacy policy for any third party website that you visit or service that you use.

8. Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this privacy statement, if applicable, or otherwise at the time of collection.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain Services or Goods. Note also that where we have provided or are providing services to you, your consent will be valid for so long as necessary to fulfil the purposes described in this Privacy Policy or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, disclosures to Canadian and foreign government entities as required to comply with laws, and reporting on credit information after credit has been granted, if applicable).

NIKU Farms collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

9. Your Rights

You have the right to ask us not to process your personal information for marketing purposes. Additionally, you have the option to opt-in or opt-out to marketing emails and newsletters.

We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes. You may withdraw your consent to our collection, use or disclosure of your personal information for marketing purposes at any time by following the directions to unsubscribe contained in such emails or contacting us at the address below.

10. Access, Correction and Contacting Us

NIKU Farms may establish and maintain a file of your personal information for the purposes described above, which will be maintained on our servers or those of our affiliates or service providers. If you wish to request access or correction of your personal information in our custody or control, you may write to the below address, Attn: Legal Department. Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us at 78 Greenwood Avenue, Toronto, Ontario, M4L 2P6, Attn: Legal Department or e-mail us at [email protected].

11. Policy Update

This Privacy Policy may be revised from time to time. If we intend to use or disclose personal information for purposes materially different than those described in this statement, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Privacy Policy. If you are concerned about how your personal information is used, you should contact us as described above or checking at our website periodically at [http://nikufarms.com/tos.php] to obtain a current copy of this policy. We urge you to request and review this Privacy Policy frequently to obtain the current version. Your continued provision of personal information or use of our services following any changes to this Privacy Policy constitutes your acceptance of any such changes.