LAST UPDATE: April 4, 2024.

OVERVIEW

XPAN Interactive Ltd. (“XPAN”, the “Company”, “we”, or “us”) has prepared this privacy policy (the “Policy” or “Privacy Policy”) to describe how we process the personal information you may provide to us while using or accessing our services, including use of and creation of an account (“Account”) on the Xact Learning Management System Platform (the “Platform”), using our websites, or by voluntarily interacting with us (the foregoing uses and services are collectively know as the “Services”).

We also respect the privacy of our customers and others who use the Services (collectively or individually, “you” or “customer”) and want you to know and understand how we collect, use, and disclose personal information from and about you.  In accessing and using the Services, you agree that you have read and accept the practices set out in this Policy.

1. INTRODUCTION

This Policy describes:

• How we collect, use, disclose, and protect the personal information of our customers and Service users.
• The types of information we may collect from you or that you may provide when you visit and/or access the Services.
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.
• We will only use your personal information in accordance with this Policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.

This Policy applies to information we collect, use, or disclose about you:

• Through the Services.
• In email, text, and other electronic messages between you and the Services.
• When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Policy.

The Services may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

This Policy DOES NOT apply to information that:

• We collect offline or through any other means, including on any third-party website:
• You provide to or is collected by any third party through any application or content (including advertising) that may link to or be accessible through our Services.

Please read this Policy carefully to understand our policies and practices for collecting, processing, and storing your personal information. If you do not agree with our policies and practices, your choice is not to use our Services. This Policy may change from time to time, where the most recent date for any update will be stated above.  We advise you to read it regularly.  Substantial changes to our Privacy Policy will be communicated to you by e-mail or similar electronic notification.

2. INFORMATION WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including:

• Personal information, that we can reasonably use to identify you (both directly and indirectly), such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect to the Internet, billing and Account information, and any other identifier we may use to contact you (“personal information”). We provide an opportunity for any customer to unsubscribe from communications or opt-out of contact for marketing purposes on an ongoing basis by using the unsubscribe mechanism at the bottom of our e-mails, or by contacting us at the contact information provided below.
• Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific feature of the Services.
• Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Services, and usage details.
• Non-personal details about your interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Services (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to contact us.

3. HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

• Direct interactions with you when you provide it to us, for example, by filling in forms, creating an Account or corresponding with us by phone, email, or otherwise.
• Automated technologies or interactions, as you navigate through our Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• Third parties or publicly available sources, for example, our business partners.

Information You Provide to Us

The information we collect directly from you on or through our Services may include:

• Information that you provide by signing up for an Account. This includes information provided at the time of registering an Account, posting material, and/or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Services.
• Records and copies of your correspondence (including email addresses) if you contact us.
• Details of transactions you carry out through our Services. If you are required to provide financial information to use any of the Services, such payment information is not stored or processed by us, and instead, the privacy policy of such third-party payment processor shall apply to said personal information. 

Information We Collect Through Cookies and Other Automatic Data Collection Technologies 

As you navigate through and interact with our Services, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To learn more or to opt-out of tailored advertising please visit https://youradchoices.ca/en/tools for information on how you can opt out of behavioral tracking on the Services and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical information and may include personal information and we may maintain it or associate it with personal information we collect in other ways that you provide to us or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized experience, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Services according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
• Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on, our Services. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see below re: Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related Services statistics (for example, recording the popularity of certain Services content and verifying system and server integrity).

Third Party Use of Cookies

Some content or applications on the Services, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

4. HOW WE USE THE INFORMATION THAT WE COLLECT

We use the personal information that we collect for a variety of purposes, including:

• to confirm your identity when you register as a customer for an Account and manage your Account and profile;
• to respond to your questions or requests concerning the Services, or other services provide by us and/or our partners;
• to fulfill the terms of any agreement you have with us;
• to fulfill your requests for our Services and your orders for products or otherwise complete a transaction with you;
• to manage your participation in surveys, contests, or promotions;
• to send you information about our Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications;
• to authenticate billing and identification information;
• to deliver confirmations, Account information, notifications, awards, service-related announcements, and similar operational communications;
• to improve or personalize your user experience;
• to improve the quality of our products and services;
• to protect our rights and interests;
• to analyze how visitors use and interact with the Services;
• to learn about users’ demographics, interests, and behavior;
• to provide you with advertising that we believe suits your interests;
• to comply with legal and/or regulatory requirements;
• to manage our business; and/or
• for any other purpose with your consent.

5. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our customers and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide, as described in this Policy:

• to our subsidiaries and affiliates;
• in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers and users is among the assets transferred;
• to advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 400 women between 30 and 45 have clicked on their advertisement on a specific day). We may also use such aggregate information to help advertisers target a specific audience (for example, men in a specific location). We may make use of the personal information we have collected from you to enable us to display our advertisers’ advertisement to that target audience;
• to third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information;
• to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Services improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy;
• for any other purpose disclosed by us when you provide the information; and/or
• with your consent.

We may also disclose your personal information:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law;
• To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes; and/or
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.
  

6. TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this Policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Services improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. However, whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable Canadian privacy legislation.  By submitting your personal information or engaging with the Services, you consent to this transfer, storage, or processing. 

7. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Promotional Offers from the Company. If you have opted in to receive certain emails from us but no longer wish to have your email address used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to the contact information provided below. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email. This opt-out does not apply to information provided to the Company as part of a product purchase, product service experience, or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.  The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies.
  

8. DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on secure servers. Any payment transactions and any financial information will be processed by third-party payment processors who use SSL technology.

The safety and security of your information also depends on you. Where you have created an Account and have chosen a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted while using the Services.  Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. 

9. DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you.

10.  ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into your Account and visiting your Account profile page.  If you want to review, verify, correct, or withdraw consent to the use of your personal information, you may also send us an email at the contact information provided below to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your Account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.  We may charge you a fee to access your personal information; however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include information:

• protected by solicitor-client privilege;
• that is part of a formal dispute resolution process;
• that is about another individual that would reveal their personal information or confidential commercial information; and/or
• that is prohibitively expensive to provide.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at the contact information set out below. 

11. WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at the contact information set out below.  Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

12. CONTACT INFORMATION

We are responsible for personal information under its control and has designated a Privacy Officer who is accountable for this Policy and applicable Canadian and other privacy and data protection laws. For any questions, comments or suggestions regarding this Policy or our personal information protection practices not discussed in this Policy, you can contact our Privacy Officer by email, telephone, or regular mail at the coordinates below. You can submit complaints to our Privacy Officer if you think that we are not meeting our obligations with respect to the protection of personal information. We will investigate such complaints and, if they are justified, will take appropriate measures to correct the situation. If you are not satisfied with this internal review of your complaint, you can contact the Office of the Privacy Commissioner of Canada.

 

Our Privacy Officer may be contacted at:

Attention:	Jason Hansen
Address:	Unit 201 – 609 14 ST NW Calgary, AB. T2N 2A1
Email	privacy@xpan.ca
Phone Number:	1.877.700.9726