This is the data and privacy policy (“Policy”) for Stack Fintech Inc. (“STACK”).  It outlines what information is collected by STACK from individuals who interact with the STACK mobile application (the “App”), and the STACK website at www.getstack.ca (the “Website”), how that information may be used, and the express authorizations required in order for STACK to provide services to you in relation to the App.

By visiting the Website or providing your Information (as defined in s.1) through a third-party website in order to register to receive information about the STACK platform, join the waiting list for the beta launch of the STACK App and platform, or create an account on the App you consent to STACK collecting, storing, using and disclosing your personal information in accordance with the terms of this Policy.  Updates to the Policy will be posted within the App and on the Website.

If you do not agree with the terms of this Policy, do not access the Website or download the App.  If you are under eighteen years of age, you may not submit Personal Information to Stack.  By creating an Account in the App you are consenting to and agree to be bound by the terms of this Policy.

If you have a STACK account in the App, you may close your account and withdraw your consent for the collection and use of your personal information at any time.  STACK is unable to provide the Account services without your authorization to use your Information in accordance with this Policy. You may close your Account from within the App (under “Settings”).  You may also close your Account by sending an email to support@getstack.ca.  This Policy shall apply in respect of all Information received prior to the account being closed.

1. Data Collected

STACK collects certain information that can be used to identify you as a specific individual (“Personal Information”) and non-personally identifying information (“Non-Personal Information”) (both together, “Information”) when you register to receive information from STACK, register to join the launch, download the App, and when you submit Information to STACK in order to apply for and create an Account.

We do not knowingly collect Personal Information from anyone under eighteen years of age.

2. Personal Information: Collection, Retention and Use

Stack will only use your Personal Information for the purposes set out in this Policy.

Stack collects Personal Information when you provide it to sign up to receive information from Stack, join the waiting list for the beta launch, create an account, complete your profile, access and use the Site, and when you communicate with Stack.  Personal Information is collected when provided by you, and includes at least your name, address, telephone number, email address, and credit card information, and through the Account.

Personal information is used by Stack to register you to receive information about the beta launch of the Stack platform, create your account, populate and maintain your profile, and provide information to you or otherwise communicate with you for each of these purposes.  

Personal Information is also used by Stack for customer service and marketing purposes, including to let you know of new products and services, and notify you of special merchant offers.  You may opt-out of email-based marketing communications at any time by sending an email with “Unsubscribe” to the email address provided in the marketing communication or by clicking on the unsubscribe link at the bottom of the marketing communication.  You may opt-out of receiving special merchant offers in the Stack mobile app by disabling “Receive merchant offers” in the account profile menu of the Stack mobile app. If you decide that you no longer want Stack to store your personal information for the purposes of optimizing its merchant offer distribution system, you may close your STACK account and your STACK Prepaid Mastercard card in the account profile menu of the Stack mobile app.

3. Non-Personal Information: Collection, Retention, and Use

Stack will only use your Non-Personal Information in accordance with the then current Policy.  

Non-Personal Information is collected when you visit the Site through cookies or similarly purposed technologies, including technical and statistical information such as include your IP address, mobile device identifiers, operating system, and page views and duration.  

Non-Personal Information is used by Stack for its business operations and planning, including the operation and improvements to the Site, debugging, product research, evaluation and development.  While this information is related to you, it is not personally identifying information.

4. Disclosure of your Information

Stack will not disclose your Personal Information to any third party in a way that is personally identifiable to you or any other specific user other than as specifically outlined in this Privacy Policy.   Stack does not sell your Personal Information to any third party.

Stack may disclose and share your Personal Information with any third party as required to process your requests and the transactions requested by you, and with companies providing related services to Stack.    

Stack may share with any third party that it deems appropriate, aggregate anonymized information regarding the Site, Stack mobile app, users of the Site, and user of the Stack mobile app, […], such as demographic and geographic territory of end users, customer preferences, technical performance and usage statistics.  These third parties may include, for example, business partners or companies who assist Stack in providing or supporting the Stack platform.

Stack may share any personal or non-personal information if required by law, if it believes it is required to do so in order to comply with an order of a court of competent jurisdiction or other legal requirements of any governmental authority, it if believes doing so would potentially mitigate its liability in an actual or potential lawsuit, if it believes it is necessary to protect its rights or property, or if Stack sells the Site or its business to a third party.

5. Data Protection and Security

Stack takes your privacy and the protection of your Information seriously, and takes commercially reasonable measures to ensure its security.  However, no transmission of Information over the Internet can be guaranteed to be uninterrupted or completely secure, and accordingly Stack can not, and does not, guarantee that your Information will not be unlawfully accessed by a third party.  STACK DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT ELECTRONICALLY, AND YOU DO SO AT YOUR OWN RISK.

6. Governing Law and Jurisdiction

Stack  FinTech Inc. is domiciled and provides its services in the Province of Ontario.  Consumers from countries and jurisdictions outside of Canada are advised that this Policy, and the collection, retention, and use of your Information, shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada as applicable.  

You are also advised that Personal Information and Non-Personal Information is retained in cloud-based servers which may be located in Canada, the U.S.A. and other jurisdictions.  You acknowledge and agree that: (i) by providing Personal Information to Stack you consent that such Information be transferred through and to the third party services providers selected by Stack at its absolute discretion, and shall be treated in accordance with the laws of Canada, which may offer less stringent consumer rights than the jurisdiction in which you reside, and (ii) for commercial and security reasons, the location of the servers storing Information at any given time is deemed to be confidential information of Stack and will not be disclosed to you.   

7. Changes to this Policy

Stack may revise this Policy from time to time.  Changes and the updated Policy will be published on the Site, and identified by the publication date.  Please revisit this page and review the Policy during your use of the Site and Stack services to ensure that you are aware of the Information collected, retained, and used, and the authorizations granted by you pursuant to this Policy.  Your continued use of the Site or the Stack platform following the publication of an update to this Policy confirms your acceptance of the then updated Policy terms.

8. Representation of Age

By submitting Personal Information to Stack you represent that you are over eighteen (18) years of age and that you authorize the collection, use, and disclosure of your Personal Information by Stack as described in this Policy, and any subsequent revisions to this Policy that we may publish on the Stack website.  If you are not at least eighteen (18) years old, you may not submit Personal Information to Stack. The Stack platform is restricted to Canadian residents who are the age of majority in their province or territory of residence.

9. Opting out of Marketing Communications

To opt-out of marketing communications please send an email with “Unsubscribe” in the subject line to the email address provided in the communication.  To opt-out of receiving special merchant offers in the Stack mobile app by disabling “Receive merchant offers” in the account profile menu of the Stack mobile app.

10. Contact Stack

Should you have any questions regarding this Policy, please contact Stack FinTech Inc. at support@getstack.ca.

© 2018 Stack FinTech Inc.  All rights reserved.

// Updated as of 11April2017//