Phonexa.ca Privacy Policy

Effective Date: July 3, 2024

Table of Contents
  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. HOW IS YOUR PERSONAL DATA COLLECTED?
  3. HOW WE USE YOUR PERSONAL DATA
  4. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
  5. DATA SECURITY
  6. DATA RETENTION
  7. YOUR LEGAL RIGHTS
  8. PROTECTING YOUR PERSONAL Data
  9. Our Modifications to This Privacy Policy
  10. GOVERNING LAW
INTRODUCTION

Welcome to Phonexa Inc.’s Privacy Policy.

Phonexa.ca is a website owned and operated by Phonexa Inc.

Phonexa respects your privacy and is committed to protecting your Personal Data.

1. IMPORTANT INFORMATION AND WHO WE ARE 1.1 Purpose of this Privacy Policy

This Privacy Notice gives you information on how Phonexa collects, receives, uses, safeguards, stores, shares, discloses, accesses, disposes, and otherwise processes your Personal Data through your use of this website (regardless of where you visit it from) or otherwise when you engage with us. This website is not intended for children under the age of eighteen (18) and we do not knowingly collect data relating to children under the age of eighteen (18).

You agree to this Privacy Policy, in its entirety, when you:

  • (a) access or use our website and social media platforms, and click “I agree to Phonexa’s Privacy Policy;” and/or
  • (b) register on the website as a prospective business client for access to Phonexa’s services; or otherwise engage with Phonexa (collectively, the “Services”).

If you do not agree to this Privacy Policy in its entirety, you are not authorized to register and/or use the website in any manner or form whatsoever.

1.2 Phonexa Inc.

Phonexa Inc. (collectively referred to as “Phonexa,” “we,” “us” or “our” in this privacy notice) is responsible for your Personal Data.

We have appointed a Data Protection Officer (DPO) and built a Compliance Department that is responsible for overseeing questions and implementation in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Data Protection Officer,
Phonexa Inc.
777 Richmond Ave. W, #2030, Toronto, Ontario M6J 0C2
(647) 434-3010
[email protected]

1.3 Changes to the Privacy Policy and Your Duty to Inform Us of Changes

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.

1.4 Third-Party Links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Although we endeavor to only link to sites or applications that share our commitment to your privacy, please be aware that this Privacy Policy will no longer apply once you leave our website or such applications. We do not control these third-party websites and are not responsible for their privacy policies or notices, nor do we endorse, any of the activities and practices that take place on these third-party websites or applications. When you leave our website, we encourage you to read the applicable privacy notice of every website you visit.

1.5 The Personal Data We Collect About You

Personal data or personal information (collectively, “Personal Data”) means any reasonably available information about an individual from which that person can be identified directly or indirectly. We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

  • (a) Identity Data includes your first name, last name; name, size, URL, address and industry of the company you represent;
  • (b) Contact Data includes your address, email address, telephone numbers, including business email and business phone number.
  • (c) Financial Data includes your bank account and payment card details such as card type, card number, expiry month and year, and Card Verification Number/Card Verification Code/Card Verification Value.
  • (d) Transaction Data includes details about your payments to or from Phonexa under separate agreements.
  • (e) Technical Data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • (f) Profile Data includes your username and password.
  • (g) Usage Data includes your information about how you use our website, products, and services, including date and time of website visit, web pages visited, domain names from which the website was accessed, pages/areas of our website visited, amount of time spent viewing the website, number of times you return to the website and other clickstream data.
  • (h) Marketing and Communications Data includes your preferences in receiving marketing from us and other third parties and your communication preferences.

We also collect, use, and share Aggregated Data, such as statistical or demographic data, which has been anonymized, for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data cannot be used to identify you, directly or through other combining with other information. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect any otherwise non identifiable data with other information so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), nor do we collect any information about criminal convictions and offences.

1.6 If You Fail to Provide Personal Data

Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we will not be able to perform the contract we have or are trying to enter into with you.

2. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:
    • (a) Create and account on our website;
    • (b) request marketing to be sent to you;
    • (c) give us feedback.
  • Automated technologies or interactions. As you interact with our website, we may collect Technical Data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies in accordance with this Privacy Policy. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details.
  • Third-Party Sources. We may receive Personal Data about you from various third parties as set out below:
    • (a) Technical Data from the following parties:
      • (i) analytics providers such as Google based outside Canada;
      • (ii) advertising networks based inside and outside Canada;
      • (iii) information processing providers based outside Canada; and
      • (iv) programming, development, and engineering contractors based outside Canada.
    If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent.
  • Social Media. If you post a review, make a comment, or otherwise submit Personal Data on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public. When voluntarily disclosing Personal Data about yourself with other Phonexa users, we are unable to control what may be done with that content. You should take all necessary precautions to protect your Personal Data by not posting or publishing any information that you do not want in the public domain. While we strive to provide the highest level of confidentiality, you should review your personal privacy settings to further restrict any or all parts of your profile or other certain content or information.
3. HOW WE USE YOUR PERSONAL DATA

We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

  • (a) Where we need to perform the contract, we are about to enter into or have entered into with you. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • (b) Where we need to comply with a legal or regulatory obligation.
4. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so.
Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your Personal Data.

Purpose/Activity Type of Personal Data Lawful Basis for Processing Including Basis
To provide support for our Services and offerings.
  • (a) Identity
  • (b) Contact
  • (c) Financial
  • (d) Transaction
  • (e) Profile
  • (f) Usage
  • Provision and improvement of Services and other offerings, including our Website, applications, and Services;
  • Communication with you about your access to and use of our Services;
  • Response to your inquiries to provide troubleshooting;
  • Fulfillment of your orders and requests;
  • Processing of your payments and provision of technical support;
  • Protection against or identification of possible fraudulent transactions;
  • Other customer service and support purposes;
  • Compliance with valid contract with you.
To process your requests for offers of credit from our trusted third-party lender partners.
  • (a) Identity
  • (b) Contact
  • (c) Financial
  • (d) Transaction
Performance of a contract with you.
To administer, protect and address problems with our business, our Services, and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, monitor compliance with our Terms and Conditions and the law, communication with respect to website updates).
  • (a) Identity
  • (b) Contact
  • (c) Technical
  • (d) Usage
  • (e) Marketing and Communications
  • Necessary for running our business, provision of administration and IT services, network security;
  • To detect, investigate, take action against, and prevent fraud, unauthorized access, and situations involving potential threats to the rights or safety of any person or third party;
  • In the context of a business reorganization or group restructuring exercise;
  • Tailoring your experience on our website;
  • Necessary to comply with a legal obligation.
To deliver relevant website content, marketing and promotional materials, and advertisements, including newsletter and information materials, to you and measure or understand the effectiveness of the advertising we serve to you.
  • (a) Identity
  • (b) Contact
  • (c) Profile
  • (d) Usage
  • (e) Marketing and Communications
  • (f) Technical
  • Necessary to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy;
  • Necessary to reach you with more relevant advertisements and evaluating, measuring, and improving the effectiveness of our ad campaigns.
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.
  • (a) Technical
  • (b) Usage
  • Necessary to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy;
  • Necessary to better understand how users access and use our products and Services; to evaluate and improve our products, Services, and business operations; to develop new products and Services; to conduct surveys and other evaluations (such as customer satisfaction surveys); and for other research and analytical purposes;
  • Necessary to tailor the content we send or display on our Websites and other products and to otherwise personalize our clients’ experiences.
To comply with legal obligations.
  • (a) Identity
  • (b) Contact
  • (c) Financial
  • (d) Transaction
  • (e) Profile
  • (f) Usage
Necessary to comply with legal obligations, including complying with the law, our legal obligations, and legal process, such as warrants, subpoenas, court orders, and regulatory or law enforcement requests.
To defend our legal rights.
  • (a) Identity
  • (b) Contact
  • (c) Financial
  • (d) Transaction
  • (e) Profile
  • (f) Usage
Necessary to manage and respond to actual or potential legal disputes and claims, and otherwise establishing, defending, or protecting our rights or interests, including in the context of anticipated or actual litigation with third parties.
To perform our duty in a contract with you.
  • (a) Identity
  • (b) Contact
  • Necessary to perform our obligation or duty if you are a service provider or you apply for a job with us, as needed;
  • Necessary to fulfill our duty or obligation in an agreement if you are a consumer or a user of our Services.
For corporate governance and internal operations.
  • (a) Identity
  • (b) Contact
  • (c) Financial
  • (d) Transaction
  • (e) Usage
  • Necessary for our general business, accounting, record keeping, and legal functions and legal compliance;
  • Necessary for any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy, or restructuring of all or part of our business.
To assess and accept franchisees, customer, or vendors.
  • (a) Identity
  • (b) Contact
  • Necessary to verify the identity and credit status of franchisees, customers, or vendors, conducting due diligence, and screening against publicly available government and/or sanctions lists and other third-party data sources;
  • Necessary for the use of and participation in Phonexa’s incident registers, and sector warning systems, and/or third-party verification services.
4.1 Promotional Offers From Us

Solely if you choose to opt in, we may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us and you have not opted out of receiving that marketing.

4.2 Sharing Personal Data With Third-Parties

We will not share your Personal Data with any company outside the Phonexa group of companies for marketing purposes unless we obtain your prior express opt-in consent or authorization to do so. We limit the Personal Data provided to the third parties to the extent necessary for them to provide the services or to the extent regulators and other authorities in Canada may require reporting of processing activities.

We may also seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law.

We do not allow these third-party service providers to use your Personal Data for their own purposes and only permit them to access and process your Personal Data for specified purposes and in accordance with our instructions. Such third parties are required by contract to safeguard any Personal Data disclosed or transferred by us.

If you believe that a third party has inappropriately disclosed your Personal Data to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

4.3 Opting Out

Subject to limited exceptions, you have the right to opt out of any processing of your Personal Data where such processing is not reasonably necessary to perform the services you have requested, provide products you have asked for, respond to questions, or otherwise permit us to comply with or enforce our legal rights. You can exercise your right to Opt-Out by contacting our Data Protection Officer at the contact information set out below.

4.4 Marketing Messages

You can opt out of any marketing emails by clicking ‘Unsubscribe’ at the bottom of such emails. You can opt out of receiving any marketing texts or DMs by replying with “Unsubscribe” or “Stop” in the subject line. As well, you can ask us to stop sending you marketing messages by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of registering to be an affiliate or lender in our network.

4.5 Website Tracking

Phonexa maintains an opt-out process on its website, which allows website visitors to prohibit tracking of their activity on the Customer’s website, as long as the Visitor’s browser allows third-party cookies; otherwise, such feature might be impaired.

If Customer discovers that PII has been collected, it will immediately and permanently delete such information from within the Phonexa platform upon discovery.

DISCLAIMER: CUSTOMER ACKNOWLEDGES THE PHONEXA HAS PROVIDED ALL NECESSARY INFORMATION TO SECURE THE RECORDS, PREVENTING THE COLLECTION OF PII AND SENSITIVE DATA.

4.6 Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • (a) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • (b) Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • (c) Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. Subject to and in compliance with this Privacy Policy, we may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Name(s) Purpose
subaccount, source, referrer, keyword, uuid These cookies enable us to determine how you and other users of phonexa.ca arrived at the site.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

This website uses Hitmetrix: a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Hitmetrix may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar metadata. Hitmetrix does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you’d like to opt out, you can do so at (Phonexa opt-out link). If you’d like to obtain a copy of your data, make a correction, or have it erased, please contact us first or, as a secondary option, contact Phonexa at [email protected].

5. DATA SECURITY

We have put in place security measures designed to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors, and other service providers who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

6. DATA RETENTION 6.1 How Long Will You Use My Personal Data?

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

7. YOUR LEGAL RIGHTS

Under certain circumstances, and subject to certain legal limitations, you have rights under data protection laws in relation to your Personal Data. These rights are listed and described below:

  • (a) Request access to your Personal Data. This enables you to access the Personal Data we hold about you and to check that we are lawfully processing it. We may need to request specific information from you to help us confirm your identity and right to access your Personal Data.
  • (b) Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If inaccurate Personal Data is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.
  • (c) Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data in certain circumstances. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Data unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • (d) Object to processing of your Personal Data where such processing is not reasonable required for the provision of the services you have requests, providing the products you have ordered, to respond to your inquires or reasonably needed to protect or enforce our legal rights or the rights of third parties. For example, You have the right to object where we are processing your Personal Data for marketing purposes.
  • (e) Withdraw consent at any time where we are relying on consent to process your Personal Data (subject to certain legal and contractual limitations). However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

7.2 What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

7.3 Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

8. PROTECTING YOUR PERSONAL Data 8.1 Integrity and Security

Phonexa uses industry standard measures, including administrative, organizational, technical, and physical safeguards, to help protect Personal Data from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We implement measures and processes to help us to keep your Personal Data secure and to maintain its quality, such as keeping electronic files in a secured environment with restricted access and use. We regularly review our security and related policies to adapt the technology as new threats evolve and monitor our systems to help ensure the highest level of availability. If you have any questions about the security of our website, you can reach out to our DPO.

Phonexa has a policy of limiting access to Personal Data to authorized employees or contractors with legitimate business reasons. All employees and contractors are expected to maintain the confidentiality of Personal Data.

8.2 Risks and Confidentiality Incidents

Despite the foregoing security measures and significant steps Phonexa has taken to protect your Personal Data, no company can fully eliminate all security risks associated with the processing of Personal Data. With that in mind, we cannot guarantee the security of any Personal Data provided to or received by us. We encourage you to provide only the Personal Data you are comfortable with providing to a third party, keep watch for communications that are suspicious, and report any suspicious activity to us as soon as possible.

9. Our Modifications to this Privacy Policy

We may modify this Privacy Policy at any time at our sole discretion. If we decide to change this Privacy Policy, we will notify you of any material changes through electronic or other means, or post those changes on this website, upon which they will be effective immediately. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect. Your continued use of the website after we post any such modifications will constitute your acknowledgement of the modified Privacy Policy and your agreement to abide and be bound by the modified Privacy Policy. We will also revise the “Last Updated” date found at the beginning of this Privacy Policy when we post changes to it.

10. GOVERNING LAW

This Privacy Policy and all related matters shall be interpreted and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. You agree that all disputes and legal actions and proceedings will be brought and determined in the Province of Ontario, Canada and the appropriate courts situated therein.