ProCharted Privacy Policy

This is the privacy policy (“Policy") of ProCharted Inc. (“ProCharted"). ProCharted is committed to protecting your right to privacy when you provide us with personal information.

This Policy sets out how we collect and manage personal information, whether that information is collected through our Website, iOS or Android application (“App") or our web application located at ProCharted.com (“Website" and, collectively, with the App, the “Platform"), and how we use such personal information to provide our services through the Platform (the “Services"). In this Policy, the terms "you", "user" and "your" refer to a visitor to our Website or user of our Platform or Services and the terms “we", “us" and “our" refer to ProCharted.

Please read this Policy carefully before using our Platform. We may also update or modify this Policy at any time by posting our revised policy to our Platform. We include an “effective date" in the Policy displayed on our Platform. In case of material changes, we will also provide you with notice of the modification by email at least thirty (30) days before the effective date. If you disagree with this Policy or any revised Policy, you can terminate your account or cease using the Platform or Services. If you continue to use the Platform or Services after the date the revised Policy becomes effective, such continued use or access will be subject to the revised Policy.

By using our Platform, you agree that you have read, understood and agree to be bound by this Policy, including any updates to the Policy, and approve of the collection and use by us of your personal information according to its terms.

By submitting personal information to us or by otherwise using our Platform or Services, you hereby consent to the collection, use and disclosure of your personal information in accordance with this Policy.

Collection of Personal Information

In the course of providing Services, we may collect your personal information, and by submitting any such information to us, you consent to us collecting your information.

In this Policy, “personal information" means information about an identifiable individual, such as their name, personal contact details and other information about that individual that can be used to identify them. Personal information in Canada does not include information to enable an individual at a place of business to be contacted, such as their name, position name or title, business telephone number, business address or business email address.

The type of personal information we collect will vary depending on your interactions with us and the Services we provide to you, but may include your name, address, phone number, email address, occupation, credit card information, bank account information or account information.

We will only collect personal information as permitted under the applicable federal and provincial privacy legislation. We may collect personal information in a variety of ways, including where you:

• create an account or update your personal information on your account;
• submit your personal information in connection with the Services provided with or offered through the Platform;
• send us an email inquiry either through the Platform or directly to our email; and
• provide feedback through the Platform.

How We Use Your Information

Personal information collected by us is used only for the purposes described in this Policy, or for other purposes which are disclosed to you and to which you consent.

We generally use personal information for purposes related to providing the Platform and Services, including to:

• establish and manage our relationship with you;
• create and administer your account on the Platform;
• communicate with you regarding information related to your account;
• provide you with certain Services, such as processing the payment of invoices, fines or other applicable charges;
• process inquiries or requests which you have submitted through the Platform;
• communicate with you in connection with any Services that are made available through the Platform which you have requested, including sending transactional emails such as a confirmation of service requested or receipts;
• communicate with you about our Platform and Services, request feedback through online surveys, notify you of changes to these Services and where we have your consent, send newsletters, offers and promotional materials related to our Platform and Services and for our other marketing purposes;
• monitor traffic on our Platform;
• determine the future direction of our Platform, including technical upgrades;
• provide, monitor, personalize and improve our Platform and Services;
• protect our rights and the rights of other registered users;
• investigate security breaches, protect against, detect, investigate and prevent potentially fraudulent, unauthorized or illegal activities or cooperate with government and law enforcement authorities in connection with legal matters;
• aggregate and anonymize the personal information; and
• for other purposes related to our relationship, where you have provided your consent or as otherwise permitted or required by law.

We may also collect aggregate information which tells us about visitors to our Website and users of our Platform and Services, but not the identity of those visitors and users. For example, we may collect information about the date, time and duration of visits and which sections or pages of our Platform are most commonly accessed. We also collect information you use to access and use our Platform and Services, which may include the device identification number and type, connection information, usage statistics on your views, taps, clicks, scrolls and other interactions with the Platform, IP address, device information, browser or mobile characteristics, operating system details, language preference, referring URLs and other device log information from the Platform. Some of this information is collected using cookies, pixels or other technologies, which are described in further detail in the “Cookies and similar technologies" section below.

The purpose of collecting this aggregate information is to help us administer and improve our Platform. Data collected through our Platform and Services on an anonymous and aggregated basis helps us measure interest in and use of our Platform and Services and for our other business purposes. We reserve the right to provide our analyses based on such anonymous and aggregated data to third parties.

The Platform also uses certain third party service providers to gather information about users' usage of the site. We utilize this information to make educated metric-based decisions to improve the user experience of the Platform.

How We Share Your Personal Information

We may disclose or share your personal information in the following circumstances:

• to connect you with third party ProCharted services for services which you have booked or otherwise requested through the Platform;
• protecting our rights and property, including for security breach, loss or fraud prevention, investigation or mitigation purposes;
• protecting the safety of a person or a group of persons;
• with third party service providers that help us to provide our Platform and Services, including website hosting, data warehousing, data analysis, event logging, information technology, customer service, payment processing, user analytics, notification provider and email delivery and messaging;
• with a third party, in the event of a change in ownership of all or a part of us through some form of merger, purchase, sale, lease or amalgamation or other form of business combination, provided that the parties are bound by appropriate agreements or obligations which require them to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Policy, unless you indicate otherwise;
• other purposes identified when the personal information is collected, or as permitted or required by law;
• with any third party, where you have provided your consent for such disclosure or where disclosure is required or permitted by law; and
• other purposes, some of which have been identified in other sections of this Policy.

Links

Our Platform may contain links to the websites or applications of other organizations which may be of interest to you. Similarly, you may be directed to the website or application of other organizations to perform certain functions provided on our Platform. Linked websites are operated by third parties who are responsible for their own privacy practices and you should check those Websites for their respective privacy policies. Please refer to our Terms of Use for further information in relation to links to third party websites.

Consent

It is important to us that we collect, use or disclose your personal information only where we have your consent to do so or as provided in this Policy. Depending on the sensitivity of the personal information, your consent may be expressed, implied or deemed. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you access the Platform or use our Services, we will assume your consent to the collection, use and disclosure of your personal information for purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you.

By submitting your personal information to us otherwise creating a user account with ProCharted, you consent to the collection, use and disclosure of your personal information in the manner described in this Policy. To the extent that we are required by applicable laws to obtain your explicit consent for the collection, use or disclosure of your personal information in accordance with this Policy, such consent will be requested at the appropriate time. Further, if we plan to use or disclose your personal information for a purpose not previously identified (either in this Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure. However, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

You may change or withdraw your consent at any time, by deleting your user account on the Platform.

We assume, unless you advise us otherwise, that by receiving a copy of this Policy or by continuing to deal with us, you have consented to the collection, use and disclosure of your personal information as explained in this Policy.

Security

We use reasonable and appropriate measures, including encryption protocols and software, designed to help secure your personal information against accidental or unlawful loss, access or disclosure. Only our staff and third parties who provide ProCharted services who have a legitimate business purpose for accessing your personal information are authorized to do so. Unauthorized use of personal information by anyone affiliated with ProCharted is prohibited and constitutes grounds for disciplinary action.

Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. While we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us and you do so at your own risk.

You are solely responsible for ensuring that you do not disclose your account access information to third parties. This includes but is not limited to not disclosing such information to anyone, ensuring that sufficient security software is installed and running on your computer, smartphone or tablet, that your network firewall is of sufficient quality and that your wireless connection is encrypted to a degree that will prevent third party access. We are not responsible for any failure by you to secure your own device and its access to the Internet or your use of public, unsecured networks. We are also not responsible for any failure by you to eliminate malware.

Personal information collected by ProCharted or third parties referenced herein may be stored and processed in the United States due to the server locations of our service providers (e.g. Amazon Web Services and Microsoft Cloud). We will use reasonable measures to ensure all personal information is protected, but cannot ensure that the laws of other countries will offer the same level of protection as Canadian laws. By submitting your personal information to us, you hereby consent to the transmission, processing and/or storage of personal information in the United States.

Cookies and similar technologies

In order to improve our Website on an ongoing basis, we use cookies to track your visit. The Website also uses cookies to provide users with certain features and preference settings.

A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the website that gave it to you. It functions as your identification card. It is not a program and cannot be executed as code or deliver viruses. The Website requires cookies to function.

Cookies can also customize the site to your particular interests or store your personal information – like passwords or user IDs. If a site ever greets you with your name, chances are it’s using a cookie to do so.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie – this gives you the chance to decide whether to accept it. However if you disable cookies you may find this affects your ability to use certain parts of our Platform or Services. For example, while you can use the Website without cookies, you may have to re-enter information each time you visit. To learn more about cookies and how to change your settings, see the www.allaboutcookies.org website.

Direct Marketing

We are committed to complying with Canada’s Anti-Spam Legislation. Where we have your consent or it is lawful to do so, we may provide you with direct marketing communications about our Services. Such information may be sent to you by post, email, telephone or SMS.

If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving those communications at any time by:

• using the “unsubscribe" mechanism in our emails;
• logging into your account and changing your contact preferences; or
• contacting our Privacy Officer using the contact information provided below.

However, we reserve the right to send you transactional or informational emails such as customer service communications in connection with our Services or changes to our Platform, your account or our policies.

Access to and Corrections of Your Information

You have the right to know what personal information we have about you and to correct any inaccuracies. All of your personal information that we have stored is available when you log in to your account and you may correct this information at any time. Otherwise, please direct any such requests by email to privacy@ProCharted.com

Data Retention

We may retain your personal information as long as is necessary in order to manage our relationship with you (or fulfill the purposes for which it was collected) or as otherwise permitted by law. We will destroy personal information when it is no longer required for the purposes for which it was collected or as required by applicable law.

Contacting Us

If you have any questions or comments about this Policy, your information, our third-party disclosure practices or your consent choices, please contact our Privacy Officer at privacy@ProCharted.com

Effective Date: [2022-Aug-01]