FIXMO Inc. (“FIXMO”) is committed to Your privacy. This Privacy Policy explains how we collect and use information from our customers who use our products and services (“Users”) as well as from visitors (“Visitors”) to our website at www.fixmo.com (“Site”). Collectively, Users and Visitors are “You” or “Your”. Rest assured that FIXMO will never trade, sell, or rent to any third party Your personal information that You provide to us without Your consent, except as set forth in this Privacy Policy. FIXMO complies with all laws and regulations to which it is subject with regard to the use and disclosure of Your personal information. By accessing and using FIXMO’s products, services or Site, You agree and consent to the collection, use and disclosure of Your personal information as outlined in this Privacy Policy. If You have any questions or concerns regarding FIXMO’s Privacy Policy, please contact us at [email protected].

Collection of Information

In order to provide our products, services and Site to You, FIXMO may collect (where applicable) personally identifiable information, including, but not limited to Your name, email address, phone number, date of birth, security questions and responses, Your password, credit card information (where applicable) and other personal information, (collectively, the “Identifiable Information”). FIXMO may also collect Identifiable Information from Visitors when they communicate with us about our services and products or during other transactions or interactions. In addition, for those Users who subscribe for specific products or services, FIXMO may collect further Identifiable Information about the User, which may vary depending on the specific product or service they use. This Identifiable Information may include, but is not limited to Your contacts, SMS logs, call logs, images, videos and music residing on Your device. Furthermore, the provision of certain products or services may require FIXMO to collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of, and other information relating to, your device, which location data may also constitute “Identifiable Information” or “Non-Identifiable Information”. FIXMO may also collect non-personally Identifiable Information when You use our products, services or Site (the “Non-Identifiable Information”). Non-Identifiable Information may include web site pages viewed, Usage Information (defined below), demographic data, cookies and other information which does not specifically identify any one individual.

Automatic Collection

To make your visits more convenient and to enable us to enhance our Site, products and services, FIXMO may use cookies to customize your visit to our Sites and for other purposes. “Cookies” are pieces of information that may be placed on your computer by a web site for the purpose of facilitating and enhancing communication and interaction with that web site. Many web sites use cookies for these purposes. In addition to cookies, FIXMO may also use clear gifs, web beacons and third party cookies to improve the performance of our Sites, provide certain features such as advertising or to anonymously track usage of our Sites and track the online activity on our Sites. FIXMO also may use such devices in our html-based emails to track the usage of these emails. You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your web browser preferences. In this case, you may still use FIXMO’s Site, but it may interfere with some of its functionality.

How We Use The Identifiable Information

FIXMO may use the Identifiable Information (1) to deliver the products or services You have ordered to You; (2) to process purchases, (3) to reply to queries submitted by You, (4) to market products and services that we believe may be of interest to You, (5) to provide services and products requested by You, (6) to enable its vendors and contractors to provide and assist FIXMO in the marketing, provision and support of such services and products to You, (7) to create a unique identification and authentication mechanism regarding Your use of FIXMO’s products and services; and (8) to carry out other purposes that are disclosed to You and to which You consent. FIXMO may also use Identifiable Information to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our Site, services or network, to investigate fraud or violations of our Terms of Use or as required by courts or administrative agencies. You may receive future communications from FIXMO regarding (1) our products, services and promotions; (2) any information that You request; or (3) improving our product and service offerings. You will always have the opportunity to “unsubscribe” from or “opt-out” of receiving e-mail or other communications from us or our service providers at any time.

Disclosure of Identifiable Information

FIXMO may disclose Your Identifiable Information to its vendors and contractors in order to enable such third parties to provide support services in respect of FIXMO’s products and services. However, FIXMO will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from FIXMO. In addition, FIXMO may disclose Your Identifiable Information to its vendors and contractors in order to enable such third parties to provide marketing services in respect of FIXMO’s products and services. FIXMO only works with partners whom FIXMO believes maintain high standards with respect to privacy and consumer rights. A third party may only use the Identifiable Information or Non-Identifiable Information solely in conjunction with the specific services they provide for FIXMO (e.g. support in respect of a product; responding to Your question or comment; investigation of a complaint). FIXMO may also disclose Your Identifiable Information as required by law, court order or government entity. We may also disclose Your Identifiable Information or Non-Identifiable Information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) cooperate in any legal investigation; (iii) identify, contact, or bring legal action against someone who may be violating this Privacy Policy and/or the Terms of Use; or (iv) to protect our rights, privacy, safety or property. Lastly, we may disclose Your Identifiable Information for any other purpose to which You consent. In addition, FIXMO reserves the right to transfer any Identifiable Information and Non-Identifiable Information in connection with the sale or transfer of all or a portion of FIXMO’s business to a third party.

Usage Information

In the course of improving our products and providing services to You, FIXMO collects and maintains certain product or service usage information (“Usage Information”). Usage Information may include, but is not limited to, the FIXMO applications that are used, the features within the applications, and Your smartphone device model and operating system version. FIXMO may use a Users’ Usage Information to learn about how our products or services are used in order to improve them.

Children’s Privacy

We are committed to protecting the privacy of children and we do not knowingly solicit personal information from children under the age of majority in the applicable jurisdiction, and if none, under the age of 13. If a child has already provided us with personal information, his or her parent or legal guardian may contact us for the purpose of deleting this information.

How we Protect Your Information

The security of Your Identifiable Information is important to us. We maintain administrative, technical and physical safeguards (appropriate to the sensitivity of such information) designed to protect against unauthorized use, disclosure or access of the Identifiable Information we collect through our products, services and Site. Identifiable Information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting Your Identifiable Information, we cannot ensure or warrant the security of any information You provide to us. All third parties that obtain Identifiable Information from us (e.g. service providers that perform functions on our behalf) are contractually required to protect Your confidentiality and Identifiable Information in a manner consistent with this Privacy Policy, and/or as required by law. The information that we collect about You may be stored and processed on a server located outside the country where You live. FIXMO will ensure that the level of protection provided to such information will remain the same as if it had not been so transferred outside of the country where You live; however, Your information may be accessible to law enforcement and authorities of the particular jurisdiction. FIXMO will retain Your Identifiable Information, and Non-Identifiable Information for as long as the User maintains a subscription for FIXMO’s products or services.

Access and Rectification

You have a right to request access to your Identifiable Information and to request a correction to it if you believe it is inaccurate. If you have submitted Identifiable Information to us and would like to access to it, or if you would like to have it removed or corrected, please contact us at using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain Identifiable Information in certain circumstances, for example if it contains Identifiable Information of other persons, or for legal reasons. In such cases, on your request, we will provide you with a reasonable explanation of why it is not possible to grant access to your Identifiable Information.

Third Party Web Sites and Services

FIXMO’s products, services, or Site may contain links to other Internet-based resources or services not maintained by FIXMO. In addition, other web sites and services may also reference or link to FIXMO. FIXMO encourages You to be aware when You leave FIXMO’s service or Site, or surf the Internet, and to read the privacy statements of each and every web site and service that You visit. FIXMO does not endorse, screen or approve, and is not responsible for the privacy practices or the content of, such other web sites and services. FIXMO does not assume any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).

Consent to the Terms of Privacy Policy

By using our products, services, an/or Site, You consent to the terms of this Privacy Policy and hereby signify Your agreement to be legally bound by all of the terms of this Privacy Policy and our Terms of Use. If You do not agree with any terms of this Privacy Policy or our Terms of Use, please do not use our products or services or submit any Identifiable Information to us.

Changes to this Privacy Policy

FIXMO reserves the right, in its sole discretion, to change, modify, add, or remove portions from this Privacy Policy at any time by posting such changes here. Users should review this Privacy Policy regularly for changes. If at any time FIXMO plans to use Identifiable Information in a way that differs from that set out in this Privacy Policy, FIXMO will post such changes here and provide You with the opportunity to opt-out of such differing uses. Your continued use of the products, services, or Site following the posting of any changes to this Privacy Policy confirms Your acceptance of such changes.

Terms of Use

This Privacy Policy is subject to the FIXMO Terms of Use or other agreements between Users and FIXMO. You should refer to the Terms of Use or such other agreements regarding certain rights and limitations with respect to Your use of FIXMO’s services.

Questions

For questions and answers regarding FIXMO’s privacy policy, contact [email protected], or write to: Privacy Officer, Fixmo Inc., 15 Toronto St., Suite 1100, Toronto, ON, Canada M5C 2E3. Effective Date This Privacy Policy was last updated on May 8, 2013.

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