iPLAY, INC. TERMS OF USE

 

Welcome to the iPlay Merchant website, a destination site specifically for businesses and participating merchants. In order to use this and other iPlay websites, the mobile and touch versions, and other electronic services made available to businesses and participating merchants, or portions or services provided through them (collectively, the “Site”), you must agree to these Terms of Use (“Terms of Use”). These Terms of Use are our “rules of the road” for accessing and using the Site and other iPlay websites–they are important, apply to all businesses and merchants, and contain many legal disclosures that you should read carefully. iPlay Inc. and/or its affiliates and subsidiaries (“iPlay,” “we,” “us,” “our”) and merchants (“End User” or “you”) may be referred to throughout these Terms of Use individually as a “Party” and collectively as the “Parties”.

  1. APPLICABILITY

These Terms of Use do not apply to any website, mobile and touch version, or electronic service that is accessed or products that are purchased by any individual purely for personal, household, or family use or consumption (i.e., it does not apply to individuals that purchase iPlay promotions for use with products or services for personal consumption) through iPlay.ca which access, use, purchase, or relationship is governed by the iPlay Terms located and Privacy Statement.

IMPORTANT. THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) BETWEEN YOU AND iPLAY. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL CONTROL.

  1. ACCEPTANCE OF TERMS OF USE

iPlay operates the Site. By using the Site, any service provided through the Site, or installing mobile or touch versions that allow access to content or services provided through the Site, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY iPLAY SERVICE OFFERED THROUGH THE SITE.

  1. PERMITTED USES

The Site provides information for prospective and current merchant partners about how iPlay’s promotion and marketing services can help your business effectively advertise its goods and services to new and existing customers through iPlay’s platform. As a condition of your use of the Site, you agree that:

  • You are an individual person at least 18 years of age.
  • You possess the authority to create a binding legal obligation.
  • Your use of the Site will at all times comply with these Terms of Use.
  • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it.
  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete.
  1. AVAILABILITY OF THE SITE

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. iPlay retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

  1. OWNERSHIP OF THE SITE

The content and information on the Site (“Content”) as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

  1. TRANSMISSION OF INFORMATION

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with iPlay and the Site while it is being transmitted. In addition, iPlay is not responsible for any data lost during transmission.

  1. YOUR CONDUCT ON OUR SITES

The Site and other websites operated by iPlay that is available to End Users is private property (collectively, the “iPlay Sites”). All interactions on the iPlay Sites must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using or enjoying any part of the iPlay Sites, we may limit your privileges on the Site and seek other remedies.

PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES–they are prohibited on the iPlay Sites and constitute express violations of these Terms of Use:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the iPlay Sites or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the iPlay Sites and any and all functions and services provided by iPlay;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the iPlay Sites;
  • Using the iPlay Sites or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with iPlay, without iPlay prior written consent;
  • Reselling or repurposing your access to the iPlay Sites;
  • Using the iPlay Sites or any of its resources to solicit iPlay customers, merchants or other business partners of iPlay to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with iPlay, including without limitation, aggregating current or previously offered deals;
  • Using any iPlay customer or merchant information that is not your information from the iPlay Sites for any commercial purpose, including, but not limited to, marketing;
  • Offering promotions or otherwise using any iPlay account to offer promotions for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and iPlay;
  • Accessing, monitoring or copying any content or information from any iPlay Sites using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on any iPlay Sites or bypassing or circumventing other measures employed to prevent or limit access to the iPlay Sites;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting the iPlay Sites;
  • Aggregating any live or post-feature content or other information from the iPlay Sites (whether using links or other technical means or physical records associated with purchases made through the iPlay Sites) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of the iPlay Sites (including, without limitation, the purchase path for any voucher) without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of iPlay, our other merchants or our services; or
  • Hyperlinking to the iPlay Sites from any other website without our initial and ongoing consent.
  1. MODIFICATION OF THESE TERMS OF USE

We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such changes. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

  1. COPYRIGHT AND TRADEMARKS

Everything located on or in the IPlay Sites is the exclusive property of iPlay or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE IPLAY SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF iPLAY IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The iPlay Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the iPlay Sites are protected by copyright as a collective work under the Canadian and United States copyright laws. iPlay owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of iPlay or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

iPlay is a trademark of IPlay, Inc. It, together with other trademarks that are located within or on the iPlay Sites otherwise owned or operated in conjunction with iPlay shall not be deemed to be in the public domain but rather the exclusive property of iPlay, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of iPlay unless otherwise stated.

You will not upload, post or otherwise make available on the iPlay Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. iPlay does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the iPlay Sites, you warrant that the owner of such material has expressly granted iPlay the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User’s personal use. You also grant iPlay the right to edit, copy, publish and distribute any material that you make available on the iPlay Sites.

  1. COPYRIGHT POLICY AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURES

iPlay reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the iPlay Sites by an End User in a way that constitutes copyright infringement, you shall provide iPlay with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the iPlay Sites of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  1. UNSOLICITED IDEAS

We do not accept or consider, directly or through any iPlay employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • iPlay has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
  • iPlay will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
  1. DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER iPLAY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR PROMOTIONS PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. iPLAY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL iPLAY, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE iPLAY SITE OR THESE TERMS OF USE.

  1. COMMUNICATIONS AND MARKETING

iPlay may allow you to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the iPlay Sites from time to time (collectively “Communities”). iPlay shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by iPlay, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, iPlay shall have the right, but not the obligation, to remove any material from the Communities that iPlay, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of iPlay.

You may have the opportunity to request additional information about iPlay’s services, register for merchant newsletters, or otherwise make inquiries by submitting your business contact information through the Site. You agree that we may use your contact information to provide you with the information you requested. You also consent to us using and sharing your contract information to make, and allow others on our behalf to make, unsolicited marketing calls and send you postal and electronic communications (e.g., emails) with information about iPlay’s and our business partner’s products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research.

  1. COOKIES AND OTHER TRACKING DEVICES

When you use the iPlay Sites, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools and web server logs. As you use the iPlay Sites and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information.

The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our iPlay Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.

For example, when you visit our iPlay Sites, iPlay and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the iPlay Sites. Some cookies contain serial numbers that allow us to connect your iPlay Sites activity with other information we store about you in your profile or as related to your interactions with the iPlay Sites.

Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and storing your preferences.

Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.

We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access the iPlay Sites, your operating system type, mobile device model, unique device identification number, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the iPlay Sites. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to the iPlay Sites and the website you visit after you leave the iPlay Sites, if this information is supplied to us by your browser.

In many cases, the information we collect using cookies and other tools is used in non-identifiable ways. For example, we use information we collect about iPlay Sites users to optimize our iPlay Sites and understand its traffic and usage patterns. Additionally, if the settings on your location-aware device allow us to receive geo-location information, we will collect that automatically.

iPlay has relationships with third party advertising companies to place advertisements on our behalf onto other websites, and to perform tracking and reporting functions for the iPlay Sites and our advertisements. These third parties may automatically collect information about your visit to the iPlay Sites and other websites, your IP address, your ISP and the browser you use to visit the iPlay Sites. They do this by using cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of the iPlay Sites and the other websites tracked by these third parties. iPlay is not responsible for cookies or clear gifs in third party ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of cookies and other technologies.

  1. WEBSITES OF OTHERS

The Site may contain links to websites maintained by other parties not affiliates with iPlay. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

  1. PUBLIC NATURE OF YOUR STATEMENTS

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of iPlay’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. iPlay does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our iPlay Sites are not confidential.

 

 

  1. LICENSE GRANT

By posting Statements or other information on or through the Communities, you grant iPlay a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

  1. INDEMNIFICATION/RELEASE

You agree to defend, indemnify and hold harmless iPlay, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services provided by you in connection with the iPlay Sites, your Statements, or any use of the Site in violation of these Terms of Use. You are solely responsible for your interactions with your customers and other users of the iPlay Sites. To the extent permitted under applicable laws, you hereby release iPlay from any and all claims or liability related to any product or service you make or offer to End Users, your Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a iPlay, and any conduct or speech, whether online or offline, of any other user or merchant.

  1. CHOICE OF LAW; FORUM

Any disputes arising out of or related to these Terms of Use and/or any use by you of the iPlay Sites or iPlay’s services shall be governed by the internal laws of the Province of Ontario, Canada, without regard to its choice of law rules and without regard to conflicts of laws principles. You and iPlay irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Ottawa, Ontario, Canada, for all proceedings in court under these Terms of Use.

  1. ADDITIONAL DISCLOSURES

No waiver by either you or iPlay of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

If you reside in Canada, you are contracting with iPlay Inc., Correspondence should be directed to: iPlay Inc., 31 Snowberry Way, Stittsville, ON K2S1S1.

The provisions of these Terms of Use apply equally to and are for the benefit of iPlay, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

iPlay will not be liable for any default or delay in the performance of its obligations under these Terms of Use due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond iPlay’s reasonable control.

 

iPLAY, INC. PRIVACY STATEMENT

 

This Privacy Statement (“Privacy Statement”) explains how iPlay, Inc. (“iPlay,” “us,” “our,” and “we”) uses your information and applies to all who use our Web site – www.iPlay.ca, mobile applications, touch technologies, electronic services, social networking sites, interactive features, online services – or any of our described online activities we own or control, including any online activities owned, controlled, or operated by iPlay Affiliates, (collectively, the “Site”). In addition, please review the Site’s Terms of Use which governs your use of the Service, and includes, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By using our Site, you agree to our Terms of Service and consent to our collection, use and sharing of your information and data, and other activities, as described below.

By using the Site, you agree to the terms of this Privacy Statement. If you do not agree with the practices described in this Privacy Statement, please do not provide us with your personal information or interact with the Site.

We may modify this Privacy Statement at any time. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. You can determine when this Privacy Statement was last revised by referring to the “Effective Date” above.

  1. Types of Information We Collect

We will collect information, including Personal Information and Non-Identifying Information when you interact with us and the Site, for example when you:

  • access or use the Site;
  • register, subscribe, or create an account with iPlay;
  • open or respond to our e-mails;
  • refer friends, family, or others to iPlay;
  • contact customer service or use other customer support tools;
  • provide information to enroll or participate in Other Programs provided on behalf of, or together with, Business Partners;
  • visit any page online that displays our ads or content;
  • purchase products or services on or through the Site;
  • connect or link to any Site via social networking sites;
  • post comments to Online Communities; and
  • provide information to our Merchants.

This Privacy Statement does not apply to the collection of information in any way other than as listed above.

 

 

  1. Your Choices

We think that you benefit from a more personalized experience when we know more about you and what you like. However, you can limit the information you provide to iPlay, and you can limit the communications that iPlay sends to you.

(a) Commercial E-mails

You may choose not to receive commercial e-mails from us by following the instructions contained in any of the commercial e-mails we send or by logging into your account and adjusting your e-mail preferences. Please note that even if you unsubscribe from commercial email messages, we may still e-mail you non-commercial e-mails related to your account and your transactions on the Site. You may update your subscription preferences at any time.

(b) Cookies and Other Technologies

You may manage how your browser handles Cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. .

Currently, we do not alter our data collection and use practices in response to Do Not Track signals.

(c) Device Data

You may manage how your mobile device and mobile browser share certain device Data with iPlay, as well as how your mobile browser handles Cookies by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

When you first visit or use the Site we may request permission to collect and use your device’s precise geolocation. You can opt not to permit the collection of this information, or permit it only when using the mobile app, but it may limit certain functions or features of the Site. You can control how and whether we collect your precise geolocation information through your device’s settings.

(d) E-mails from Business Partners

If you wish to opt out of receiving offers directly from our Business Partners, you can follow the opt-out instructions in the emails that they send you.

 

 

 

  1. How iPlay Uses Information

We (or our Merchants on our behalf), use information collected as described in this Privacy Statement to:

  • Operate, maintain and improve the Site and our services, and Other Programs;
  • Provide you with interest-based ads, push notifications, communications, and offers for products and services from us and participating Business Partners, including based on your precise geolocation;
  • Facilitate and fulfill orders placed on the Site and Other Programs – for example, for iPlay promotions and other goods and services, including tracking redemption;
  • Evaluate your eligibility for certain types of offers, products or services that may be of interest to you, and analyze advertising effectiveness;
  • Answer your questions and respond to your requests;
  • Perform analytics and conduct customer research;
  • Communicate and provide additional information that may be of interest to you about iPlay and our Business Partners, sometimes by combining your information with information from Other Sources;
  • Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of Business Partners;
  • Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our Business Partners;
  • Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with the law;
  • Allow you to apply for a job, post a video or sign up for special offers from merchants, Business Partners, or third parties through the Site and Other Programs;
  • Enhance other information we have about you directly or from Other Sources to help us better understand you and determine your interests, and to

We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.

iPlay uses your geolocation, including your precise geolocation, consistent with this Privacy Statement as described in Section 5  below to deliver location-based offers, products or services that may be of interest to you.

If you use any features on the Site to send information about a product or service to another person (e.g., a friend, a colleague, a professional associate, etc.), we will also collect the Personal Information of that other person to the extent disclosed by you and may contact them using the information you provided us.

  1. When and Why iPlay Discloses Information

We (or our Merchants on our behalf) may share your Personal Information as required or permitted by law:

  • with any iPlay Affiliate who may only use the Personal Information for the purposes described in this Privacy Statement;
  • with our Merchants to provide services for us and who are required to protect the ;
  • to report Personal Information or collect on debts owed to us or our Business Partners;
  • with relevant Business Partners:
    • with whom we jointly offer products and services;
    • with whom we have entered into an agreement that provides for the disclosure, sale, lease, or license of your Information;
    • to facilitate a direct relationship with you, including in connection with any program we administer on behalf of the Business Partners;
    • to enable electronic communications with you as part of purchase, a sponsored reward, offer, contest, program, or other activity in which you have elected to participate;
    • to the extent you have purchased or redeemed an iPlay Deal, goods or services offered by a Business Partners or participated in an offer, rewards, contest or other activity or Other Programs sponsored or offered through iPlay on behalf of that Business Partners;
  • with a purchaser or prospective purchaser of iPlay or any of the iPlay Affiliates (or all or a portion of their assets), as described below in Section 10;
  • to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;
  • to combat fraud or criminal activity, and to protect our rights or those of our Affiliates, users, and Business Partners, or as part of legal proceedings affecting iPlay;
  • in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate; or
  • with your consent.

We encourage Business Partners to adopt and post privacy policies. However, their use of Personal Information obtained through iPlay is governed by their privacy policies and is not subject to our control.

We may also disclose Non-Identifiable Information:

  • for the same reasons we might share Personal Information;
  • with Business Partners for their own analysis and research;
  • to facilitate targeted content and ads; or
  • with Third-Party Ad-Servers to place our ads and/or ads of our merchants or Business Partners on the Site and on third-party sites, and to analyze the effectiveness of those ads.

We do not share Personal Information with Third-Party Ad-Servers; however, Third-Party Ad-Servers may automatically collect Non-Identifying Information about your visit to the Site and other websites, your device address, your Internet Service Provider and the browser you use to visit the Site. They do this by using Cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visits to the Site and the other websites tracked by these third parties. This Privacy Statement does not cover the collection methods or use of the information collected by Third-Party Ad-Servers, and iPlay is not responsible for Cookies or clear gifs in third party ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of Cookies and other technologies.

If you would like more information about these practices and to know your choices about not having this information used by third party advertisers, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices/.

  1. How iPlay Collects Information

You provide us with your Personal Information when you register, subscribe, create an account, make a purchase, or otherwise when you provide us with your Personal Information during your interaction with the Site and Other Programs. We also collect Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to an Online Community.

We also receive Personal Information and other online and offline information from Other Sources. iPlay will use such information in accordance with applicable laws. Such information, when combined with Personal Information collected as provided in this Privacy Statement, will also be handled in accordance with this Privacy Statement. We also use cookies, tags, web beacons, local shared objects, files, tools and programs to keep records, store your preferences, improve our advertising, and collect Non-Identifiable Information, including Device Data and information about your interaction with the Site and our Business Partners’ web sites.

We use Cookies and Device Data that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Site. For more information on how iPlay uses Cookies, including instructions on how to opt out of interest-based advertising, please review our Cookies Policy.

Device Data may be collected automatically, and as soon as your device interacts with the Site and IPlay, even if you are not logged into the Site using your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

We collect your location information, including precise real-time geolocation, such as through look up based on IP address, GPS, Bluetooth, or WiFi signals, consistent with your choice of mobile device settings. We may also collect the precise location of your device when the app is running in the foreground, background, or even if you are not directly using the application depending on your device and its settings. Your device, as well as the iPlay mobile app, provides you with options to control how and when we collect your geolocation. You may be able to disallow our use of certain location data through your device or browser settings, for example, by disabling “Location” services for the iPlay application in iOS privacy settings.

  1. Security of Personal Information

iPlay has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. For example, we use industry-standard encryption technology to secure Financial Account Information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at privacy@iPlay.ca.

  1. Accessing and Correcting Personal Information

You can access, update and delete your Personal Information you provided to us, as described below, by managing this information through your online account or sending us an email at privacy@iPlay.ca. You can update or remove Financial Account Information as well. Keeping your Personal Information current helps ensure that we, our Affiliates and Business Partners offer you the offers that are most relevant to you.

If you want to deactivate your iPlay account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Site for financial reporting and compliance reasons.

We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to deactivate your account or request that we no longer use your Personal Information to provide you services contact us at support@iPlay.ca. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. Social Networks

Social Community Areas

The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. We recommend that you do not post any Personal Information in the social community areas.

Social Networks

You may log in to the Site using certain social network credentials. To manage the sharing of certain Personal Information with us when you connect with us through social networking platforms or applications, refer to the privacy policy and settings of the social networking website or application.

You also have the option to link social networks, such as Facebook, to your iPlay account. Once you register with iPlay and connect with the social network, you will be able to automatically post recent iPlay activity back to your social network.

By proceeding through any of the above steps, you grant iPlay permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Statement.

  1. Privacy Practices of Third Parties

This Privacy Statement only addresses the use and disclosure of information by iPlay through your interaction with the Site. Other websites that may be accessible through links from the Site and Other Programs may have their own privacy statements and personal information collection, use, and disclosure practices. Our Business Partners may also have their own privacy statements. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.

  1. Business Transfers and Corporate Changes

iPlay and our Affiliates reserve the right to disclose, transfer, or license any and all information related to the Site, including Personal Information:

  • to a subsequent owner, co-owner or operator of one or more of the Sites or any portion or operation related to part of one or more of the Sites; or
  • in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.
  1. Notice to Residents of Countries outside Canada

If you live outside the Canada (including in the European Economic Area (“EE”) and Switzerland (“CH”) collectively the “EEA/CH”), and you use the Site or provide us with Personal Information directly via the Site, your information will be handled in accordance with this Privacy Statement. By using the Site or giving us your Personal Information, you are directly transferring your Personal Information and Non-Identifiable Information to us in Canada. You agree and consent to our collection, transfer, and processing of your Personal Information and Non-Identifiable Information in accordance with this Privacy Statement. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the Site or provide us with Personal Information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Statement.

  1. Children’s Privacy

The Site is a general audience site not directed at children under the age of 13.

By using iPlay, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Site. We will promptly delete information associated with any account we obtain actual knowledge is associated with a registered user who is not at least eighteen years old.

  1. Contact Us; Ontario Privacy Rights and Other Countries

Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us online at privacy@iPlay.ca. You can reach us via postal mail at the following address:

iPlay Inc.
Attention: Privacy Office
31 Snowberry Way
Stittsville, Ontario K2S1S1 Canada

If you reside in the United Sates of America, you may have the right to be provided with access to Personal Information that we have collected about you and written information about our policies and practices with respect to the transfer of your personal information to Merchants outside the United States. E-mail us at privacy@iPlay.ca with questions.

iPlay utilizes various valid data transfer mechanisms for Personal Information at its sole discretion in accordance with applicable data protection and privacy laws. We will continue to monitor and assess the appropriateness of other valid data transfer mechanisms as they become available.

  1. Glossary of Terms

Affiliate means an entity owned, directly or indirectly, by iPlay, Inc. or that is controlled by or under common control with iPlay, Inc., and also includes joint ventures entered into by iPlay, Inc. and/or its Affiliates. References in this Privacy Statement to “iPlay,” “we,” or “us” also apply to Affiliates.

Business Partners means, collectively, third parties with whom we conduct business, such as merchants, co-marketers, distributors, resellers, and other companies or organizations with whom iPlay enters into agreements to support its business and operations.

Cookie means a unique identifier, usually made up of small bits of text or code. For more information, please read our Cookies Policy.

Device Data means information concerning a device you use to access, use, or interact with the Site, such as operating system type or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geolocation, including precise geolocation, unique device identifier or other device identifier, advertising identifier, mobile phone carrier identification, and device software platform and firmware information.

Non-Identifiable Information means information that alone cannot identify you, including data from Cookies, Pixel Tags and Web Beacons, and Device Data. Non-Identifiable Information may be derived from Personal Information.

Online Communities means, collectively, our social networking pages or accounts, forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or linked through the Site.

Other Programs means special programs, features and functionality on our Site or other co-branded websites with Business Partners that we reasonably control and that have special use terms applicable to such special programs, features and functionality.

Other Sources means sources of information that legally provide IPlay with your information, and which are outside the scope of this Privacy Statement at the time of collection.

Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This includes the following types of information:

  • Contact Information: your name, postal addresses, email addresses, social networking website user account names, telephone numbers, or other addresses at which you are able to receive communications.
  • Relationship Information: information you provide that enables us to determine lifestyle, interests, and activities, including location information related to your state/province, city, or neighborhood; areas of interest, the types of deals that interest you, information collected through your interactions with social networks, demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased iPlay promotions as gifts or who have bought iPlay promotions as gifts for you; and information about friends who refer you or whom you have referred;
  • Transaction Information: information you provide when you interact with us and the Site, such as the iPlay promotions you are interested in, purchase and redeem; email and other communications; and how you interact with Business Partners and our Merchants; and
  • Financial Information: information collected from you as needed to process payments for iPlay promotions or other products or services that you buy, or as provided by you to administer your participation in optional services and programs, such as your payment card number, expiration date, and card verification number.

Pixel Tags and Web Beacons mean tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions.

Third-Party Ad-Servers means Merchants and other third parties that provide the technology to place ads on websites and track ad performance.

Merchants means, collectively, third parties that perform business operations on behalf of iPlay, such as transaction processing, billing, mailing, communications services (e-mail, direct mail, etc.), marketing, data processing and analytics, servicing, collections, ad management, or information technology services.