LET'S GIVR TERMS OF USE

Effective as of: the moment you click "SIGN UP" below.

Welcome to the Let's Givr ("Givr") website. In order to use the Givr website you must agree to our Terms of Use – The Terms of Use are our "rules of the road" for accessing and using the Givr Website – they are important and contain many legal disclosures that you should read carefully. Why all the mumbo jumbo you ask? Well, it's because we want you and everyone else to enjoy the benefits of Givr and to do this we need a consistent set of rules to fairly and respectfully ensure that all those in the Givr-Nation (defined below) use this service as it is intended.

This Agreement is effective as of November 15, 2012, for current users, and upon acceptance for new users. This Agreement may be updated, amended or changed from time to time without notice and in accordance with Section 13.

1. ACCEPTANCE OF TERMS OF USE
   
   Givr operates this website, www. letsgivr.com, the mobile and touch versions, other individual sites owned, operate and/or affiliated with Givr and links contained within or made available through external hyperlinks within the Givr website will be collectively referred to as the "Site" (also referred to as the "Givr Sites") in these Terms of Use. By using the Site and any services offered by Givr through the Site, you ("you" or, "End User") agree to these Terms of Use, our Privacy Statement and any additional terms applicable to certain offers in which you may elect to participate, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY GIVR SERVICE OFFERED THROUGH THE SITE.
2. PERMITTED USES
   
   The Site provides online services operated by Givr. The Site allows participating merchants ("Merchants") to offer gift certificates that may be purchased by Givr members and redeemed for the Merchants goods and services ("Gift Certificates"). As a condition of your use of the Site, you agree that:
   • You possess the authority to create a binding legal obligation.
   • Your use of the Site will at all times comply with these Terms of Use.
   • If you elect to create an account it will be only for your personal use.
   • You may only make purchases on the Site for your own use and enjoyment or as a gift for another.
   • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it, this includes being responsible for all purchases made on your account.
   • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete and that you will not post false, inaccurate, misleading, defamatory, or libellous content (including personal information).
3. YOUR CONDUCT ON OUR SITES
   
   The Site and other websites operated by Givr is private property. All interactions on the Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies.
   
   PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES – they are prohibited on the Givr Sites and constitute express violations of these Terms of Use:
   • Submitting any purposely false, inaccurate or misleading information in connection with your Givr account;
   • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
   • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
   • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Givr;
   • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
   • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Givr;
   • Reselling or repurposing your access to the Site or any purchases made through the Site;
   • Using the Site or any of its resources to solicit End Users or Merchants to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Givr, including without limitation, aggregating current or previously offered deals;
   • Using any Givr customer or merchant information that is not your information from the Site for any commercial purpose, including, but not limited to, marketing;
   • Offering Gift Certificates or otherwise using any Givr account to offer Gift Certificates for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use;
   • Accessing, monitoring or copying any content or information from the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
   • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting the Site;
   • Aggregating any content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites without our express written permission;
   • Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Gift Certificate) without our express written permission;
   • Acting illegally or maliciously against the business interests or reputation of Givr, our other Merchants, our customers or our services; or
   • Hyperlinking to the Site from any other website without our initial and ongoing consent.
4. AVAILABILITY OF THE GIVR SITES
   
   You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Site may be interrupted, suspended or terminated. Givr retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
5. OWNERSHIP OF THE GIVR SITES
   
   The content and information on the Site ("Content") as well as the infrastructure used to provide the Content, is proprietary to Givr or our Merchants. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
6. TRANSMISSION OF INFORMATION
   
   Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with Givr and the Site while it is being transmitted. In addition, Givr is not responsible for any data lost during transmission.
7. CONSENT TO USE DATA
   
   You agree that Givr and its subsidiaries and agents are permitted to access, collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to any information or data you input or provide while accessing or using and Givr Site. You agree that Givr may collect and use this information to, among other things, improve Givr's services and to sell this information to third parties, as long as it is collected in a form that does not personally identify you.
   
   At all times your information will be treated in accordance with Givr's Privacy Statement, which is incorporated by reference into this Agreement.
8. CREATING AND ACCOUNT ON THE SITE
   
   If you create an account on the Site you are solely responsible for managing your account. Your account is non-transferable and cannot be sold, combined or otherwise shared with any other person. If you violate these Terms of Use we may terminate your account, and without limitation, you may forfeit any Gift Certificate(s) purchased by you or gifted to you that remain unredeemed on your account. If we terminate your account you may not re-enroll or by any means create another account without Givr's express permission. If you commit fraud or falsify information in connection with your use of the Site or purchases made through the Site, your account will be terminated immediately and Givr reserves the right to hold you liable for any and all damages that we suffer.
9. TRANSACTIONS
   
   Purchasers may purchase a Gift Certificate for a designated recipient, who may then redeem that Gift Certificate on purchases made at the Merchants place of business. All transactions must be acknowledged by the recipient of the Gift Certificate (the "Recipient") within seven (7) days following the date the Gift Certificate was purchased (the "Limbo Period"). If a transaction is not acknowledged by the Recipient within the Limbo Period an email will be sent to the purchaser informing them of the unacknowledged Gift Certificate, at that time the purchaser may choose to acknowledge the Gift Certificate (and will then become the Recipient as well as the purchaser for the purposes of this Agreement) or request that a second email be sent to the Recipient. If the purchaser elects to have a second email sent to the Recipient this will trigger a new seven (7) day period in which the Recipient may acknowledge the Gift Certificate (the "Subsequent Limbo Period"). If a transaction is not acknowledged within the Subsequent Limbo Period an email will be sent to the purchaser informing them of the still unacknowledged Gift Certificate, at that time the purchaser will have the choice to either acknowledge the Gift Certificate or initiate a new Subsequent Limbo Period. There is no limit to the number of times a purchaser may trigger a Subsequent Limbo Period.
10. TERMS OF SALE
    
    Gift Certificates purchased through the Site are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Gift Certificate. The Merchant is solely responsible for redeeming the Gift Certificate. The Merchant is the issuer of the Gift Certificate and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Certificate or not. You waive and release Givr and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Gift Certificate or the services/goods it provides in connection with it.
    
    By purchasing any Gift Certificate you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Gift Certificate, you agree to these Terms of Sale.
11. NON-EXPIRATION OF GIFT CERTIFICATES
    
    Gift certificates do not expire. Any unused value on an acknowledged Gift Certificate will remain available to the Recipient until spent and Merchants shall honour valid Gift Certificates until the value associated with such transaction is zero.
12. MODIFICATION OF THESE TERMS OF USE
    
    We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make change(s) that materially affect your use of the Site or our services we will notify you by the email address you provide to Givr during the registration process. Any change(s) to these Terms of Use will be effective upon you receiving notice of such change(s). We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such change(s). Your use of the Site after we have provided you with notice of such change(s) to these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
13. COPYRIGHT AND TRADEMARKS
    
    Everything located on or in the Site is the exclusive property of Givr or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF GIVR IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
    
    The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright under Canadian copyright laws. Givr owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Givr or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
    
    Givr is a trademark of Givr Corp. It, together with other trademarks (such as, but not limited to, "Let's Givr", "Get Givr", "Givr Certificate" and "Gift Easy") that are located within or on the Site otherwise owned or operated in conjunction with Givr shall not be deemed to be in the public domain but rather the exclusive property of Givr, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Givr unless otherwise stated.
    
    You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, you warrant that the owner of such material has expressly granted Givr the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also grant Givr the right to edit, copy, publish and distribute any material that you make available on the Site.
14. UNSOLICITED IDEAS
    
    We do not accept or consider, directly or through any Givr employee or agent, unsolicited ideas of any kind. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ("Unsolicited Materials"). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
    • Givr has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
    • Givr will own, and may use, sell and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
15. DISCLAIMER OF WARRANTY
    
    YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER GIVR, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICES, PRODUCTS OR TRANSACTIONS (INCLUDING GIFT CERTIFICATE TRANSACTIONS) PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE IS MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIVR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
16. LIMITATION OF LIABILITY
    
    IN NO EVENT SHALL GIVR, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF GIVR HAS BEEN INFORMED OF THE POSSIBILITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE.
    
    REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, IN NO EVENT WILL GIVR'S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH A GIFT CERTIFICATE OR ANY OTHER PRODUCT OR SERVICE PURCHASED THROUGH THE SITE EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $50.
17. COMMUNICATIONS AND MARKETING
    
    In addition to making purchases, Givr may allow you to use Givr Sites to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Givr-Nation"). Givr shall have the right, but not the obligation, to monitor the content uploaded to Givr-Nation at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Givr, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Givr shall have the right, but not the obligation, to remove any material provided to Givr-Nation that Givr, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Givr-Nation (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of Givr.
18. WEBSITES OF OTHERS
    
    The Givr Sites may contain links to websites maintained by other parties not affiliates with Givr. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
19. PUBLIC NATURE OF YOUR STATEMENTS
    
    You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Givr's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Givr does not control or endorse any Statement found in any part of Givr-Nation, and we specifically disclaim any liability concerning the Statements and Givr-Nation and any actions resulting from your participation in any part of Givr-Nation, including any objectionable content. Any and all Statements you post to our Givr Sites are not confidential.
20. LICENSE GRANT
    
    (a) Application to Givr By posting Statements or other information on or through Givr-Nation, you grant Givr a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
21. INDEMNIFICATION/RELEASE
    
    You agree to defend, indemnify and hold harmless Givr, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site, your Statements, or any use of the Site or other Givr Sites in violation of these Terms of Use. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Givr from any and all claims or liability related to any product or service of a Merchant, your Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a Givr, and any conduct or speech, whether online or offline, of any other user.
22. TERMINATION
    
    The right for you to use the Givr Sites shall be effective from the date this Agreement is accepted by clicking “I ACCEPT” below. Givr may terminate these Terms of Use at any time. Without limiting the foregoing, Givr shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Givr considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
23. NO AGENCY
    
    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
24. NOTICES
    
    Except as explicitly stated otherwise, any notices shall be given by the email address you provide to Givr during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Givr during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
25. RESOLUTION OF DISPUTES
    
    If a dispute arises between you and Givr, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Givr agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
    
    Law and Forum for Disputes – This Agreement shall be governed in all respects of the laws of the Province of Alberta and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Givr must be resolved by a court located in Calgary, Alberta, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Calgary, Alberta for the purpose of litigating all such claims or disputes.
    
    Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than C$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be sole based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    
    Improperly Filed Claims – All claims you bring against Givr must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Givr may recover attorneys' fees and costs up to C$1500, provided that Givr has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
26. NO WAIVER
    
    No waiver by either you or Givr of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement.
27. HEADINGS
    
    The section headings used herein are for convenience only and shall be of no legal force or effect.
28. SEVERABILITY
    
    If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.
29. FORCE MAJEURE
    
    Givr will not be liable for any default or delay in the performance of its obligations under these Terms of Use due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond Givr's reasonable control.
30. ADDITIONAL DISCLOSURES
    
    The provisions of these Terms of Use apply equally to and are for the benefit of Givr, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. The Site, its domain, and all other Givr Sites and corresponding domains are owned and operated by Givr Corp. and/or its affiliates and subsidiaries.

LET'S GIVR PRIVACY POLICY

This Privacy Statement ("Privacy Statement") describes how Givr Corp. ("Givr," "us," "our," and "we") handles your information for our services and applies to all who use our website, mobile and touch versions, other individual sites owned, operate and/or affiliated with Givr or other area-specific websites we offer that link to or reference this Privacy Statement (collectively, the "Site" and also referred to as the "Givr Sites") and electronic communications that you receive from us.

Please read this Privacy Statement carefully and review it periodically for the latest information about our privacy practices. By using the Site, you agree to the terms of this Privacy Statement. If you do not agree with the practices described in this Privacy Statement, please do not provide us with your personal information or interact with the Site.

We will routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective.

1. about your privacy
   
   
   • At Givr, your privacy is, and always has been, very important to us. We are dedicated to providing you with superior service while protecting your privacy and safeguarding your personal information.
   • "Personal Information" is defined in Canada's Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 ("PIPEDA"), as information about an identifiable individual, though it does not include the name, business title, business address or telephone number of employees of organizations.
2. our ten privacy principles
   
   Givr is committed to maintaining the accuracy, confidentiality and security of your personal information. As part of this commitment, we has adopted the following ten principles, based on the values set by the Canadian Standards Association's Model Code for the Protection of Personal Information and Canada's PIPEDA.
   • Accountability: Givr is responsible for maintaining and protecting the personal information under its control and shall designate one or more individuals to be accountable for Givr's compliance with these principles.
   • Identifying Purposes: The purposes for which personal information is collected shall be identified before or at the time the personal information is collected.
   • Consent: Individual's consent will be obtained for the collection, use or disclosure of personal information, except where the law provides an exemption.
   • Limiting Collection: The personal information we collect shall be limited only to that which is necessary for the purposes identified.
   • Limiting Use, Disclosure and Retention: Personal information shall only be used or disclosed for the purposes for which it was collected, unless an individual has otherwise consented or when it is required or permitted by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
   • Accuracy: We shall keep personal information as accurate, complete and up-to-date as may be necessary to fulfill the purposes for which it is to be used.
   • Safeguards: We shall protect personal information using security safeguards that are appropriate to the sensitivity level of the personal information received.
   • Openness: we will provide information to individuals about our policies and procedures relating to the management of personal information that is under our control.
   • Individual's Access: On written request, an individual will be informed of the existence, use and disclosure of their personal information that is under our control, and may be given access to that personal information as required and permitted by law. Individuals are entitled to challenge the accuracy and completeness of that personal information and request that it be amended, if appropriate.
   • Handling Enquiries or Complaints: Any questions or enquiries concerning compliance with our privacy policies and procedures may be addressed by emailing Givr and we are committed to responding to such enquiries.
3. types of information we collect
   
   We will collect information, including Personal Information and Non-Identifying Information, when you interact with us and the Site, for example when you:
   
   
   • access or use the Site;
   • register, subscribe, or create an account with Givr;
   • open or respond to our e-mails;
   • provide information to enrol or participate in programs provided on behalf of, or together with, Merchants;
   • visit any page online that displays our ads or content;
   • purchase products or services on or through the Site;
   • connect or link to any Site via social networking sites;
   • post comments to Givr-Nation; and
   • provide information to our Merchants.
   
   
   We may collect and store the following information:
   
   
   • email address, physical and contact information;
   • transactional information based on your activities on the Site;
   • shipping, billing and other information you may provide;
   • community discussions, chats, dispute resolution, correspondence through Givr Sites, and correspondence sent to us;
   • other information from your interaction with Givr Sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, Internet Protocol ("IP") address and standard web log information;
   • additional information we ask you to submit to authenticate yourself or if we believe you are violating Givr Site policies (for example, we may ask you to answer additional questions online to help verify your identity); and
   • information from other companies, such as demographic and navigation data.
4. how we use information
   
   Givr's primary purpose in collecting personal information is to provide you with a safe, smooth, efficient and customized experience. We (or our Merchants on our behalf), use information collected as described in this Privacy Statement to:
   • Operate, maintain and improve the Site and our services;
   • Provide you with personalized ads and offers for products and services from us and participating Merchants;
   • Ensure the realization of purchases made on the Site – for example, this includes tracking redemption of Gift Certificates;
   • Answer your questions and respond to your requests;
   • Perform analytics and conduct customer research;
   • Communicate and provide additional information that may be of interest to you about Givr and our Merchants, sometimes by combining your information with information from Other Sources;
   • Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of Merchants;
   • Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our Merchants;
   • Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with the law;
   • Enhance other information we have about you directly or from Other Sources to help us better understand you and determine your interests.
   
   
   We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.

4. how we use information

Givr's primary purpose in collecting personal information is to provide you with a safe, smooth, efficient and customized experience. We (or our Merchants on our behalf), use information collected as described in this Privacy Statement to:

1. Operate, maintain and improve the Site and our services;
2. Provide you with personalized ads and offers for products and services from us and participating Merchants;
3. Ensure the realization of purchases made on the Site – for example, this includes tracking redemption of Gift Certificates;
4. Answer your questions and respond to your requests;
5. Perform analytics and conduct customer research;
6. Communicate and provide additional information that may be of interest to you about Givr and our Merchants, sometimes by combining your information with information from Other Sources;
7. Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of Merchants;
8. Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our Merchants;
9. Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with the law;
10. Enhance other information we have about you directly or from Other Sources to help us better understand you and determine your interests.

We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.

5. how we collect information

You provide us with your Personal Information when you register, subscribe, create an account, purchase or redeem Gift Certificates, or otherwise when you provide us with your Personal Information during your interaction with the Site. We also collect Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to Givr-Nation.

We also receive Personal Information and other online and offline information from Other Sources. Givr will use such information in accordance with applicable laws. Such information, when combined with Personal Information collected as provided in this Privacy Statement, will also be handled in accordance with this Privacy Statement. We may also use cookies (the use of cookies is described in greater detail below), tags, web beacons, local shared objects, files, tools and programs to keep records, store your preferences, improve our advertising, and collect Non-Identifying Information, including Device Data and your interaction with the Givr Sites and our Merchants websites.

When you access other websites before or after using the Site or open email messages, we may use Pixel Tags and Web Beacons to generate a notice of that action to us or our Merchants. These tools allow us to measure response to our communications and improve the Site’ pages and promotions.

Device Data may be collected when your device interacts with the Site, even if you are not logged into the Site using your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

6. policy on sharing information we gather

11. Demographic Information – When we do present information to our advertisers, it is in the form of grouped statistics compiled from all our participating users’ answers to survey questions and on-site behaviour. Givr will not disclose the contact or demographic information of any individual user or member to advertisers or any other outside organization without the express permission of the individual.
12. Givr will never disclose individual member contact or demographic information without user consent.
13. Membership Research – On occasion, Givr will make available to potential advertisers and research firms aggregated results from research it has conducted on its Givr membership base. Once again, we will only provide such demographic information on an aggregated basis and will not disclose individual member profiles without user consent.
14. If you do choose to allow Givr to share your personally identifiable information with reputable outside organizations, and you later decide to unsubscribe, Givr will make reasonable efforts to remove your information from the list we share with other sources promptly following your unsubscribe request. However, Givr is not responsible for the removal of your Personal Information from third party lists if you have previously authorized Givr to distribute it.

7. use of cookies

Despite sensationalized information to the contrary, cookies are not generally a threat to privacy. If we choose to use cookies, we will use them to track items such as unique visitors to a page, or to record which banners have been displayed to a particular user. At times we may pay to advertise on sites other than our own on a click-through basis, and we may use cookies to monitor traffic from those sites on which we advertise. We may use cookies that contain serial numbers that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Site. We use Session cookies on a temporary basis, such as to manage your view of pages on the Site. We use Persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (for example, your user ID if you asked to be remembered), and storing your preferences. Information from cookies also tells us about the website you were visiting before you came to the Site and the website you visit after you leave the Site. We do not and will not use cookies to collect private information from any user!

8. security

The security of your Personal Information is important to us. Givr takes technical, contractual, administrative, and physical security steps to protect Personal Information that you provide to us. We instruct our employees with access to your Personal Information that it is to be used only in adherence with the principles set forth in this Privacy Statement and we will not otherwise disclose your Personal Information without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

You can help protect the security of your Personal Information as well. For instance, never give out your password, since this is what is used to access your account on the Site. Also remember to log out of your account and close your browser window when you finish using the Site, so that other people using the same computer won’t have access to your information.

9. account protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Givr password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

10. accessing and changing your personal information

You can see, review and change most of your Personal Information by signing on to the Site. Givr provides you with the means to access, update, edit or delete any account or registration information you may have provided to us at any time. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use and take other actions otherwise permitted by law.

If you are unsure whether we have a record containing any of your Personal Information and would like to confirm whether or not we do, please send us an e-mail, indicating all e-mail addresses that you may have given us.

11. social networks

Givr-Nation

The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and Merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with internet access, and any Personal Information you include in your posting may be read, collected, and used by others.

Connecting Through Social Networks

Givr offers social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both Givr and a social network, we may link your social network account with your Givr account if the email addresses match. If the email addresses do not match, we will ask you if you want to link them and you must validate that you control the accounts.

If you are not currently registered as a Givr user and you use the Site’s social network connection functions, you will first be asked to enter your social network credentials and then be given the option to register and join Givr. Please refer to the privacy settings in your social network account to manage the data that is shared through your account.

By proceeding through any of the above steps, you grant Givr permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Statement.

12. third parties

Except as otherwise expressly include in this Privacy Statement, this document addresses only the use and disclosure of information we collect from you through your interaction with the Site. If you disclose your information to others or other websites throughout the internet, different rules may apply to their use or disclosure of information you disclose to them. Our Merchants, our affiliates or Vendors whose services we retain in the process of operating the Givr Sites may also have their own privacy statements. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information.

13. Glossary of terms

Cookie means a small amount of information that a web server sends to your browser that stores information about your account, your preferences and your use of the Site. Some cookies are temporary, whereas others may be configured to last longer. “Session cookies” are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent cookies” are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser.

Device Data means information concerning a device you use to access, use, or interact with the Site, such as operating system type or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier or other device identifier, mobile phone carrier identification, and device software platform and firmware information.

Gift Certificate means the purchase of a non-expiring voucher made with one of Givr's registered Merchants which may be redeemed for goods and/or services at the specified Merchant location or on the Merchant website, if applicable.

Merchant means, collectively, third party merchants who are registered with Givr and have chosen to offer their goods and/or services through Givr Sites.

Non-Identifying Information means information that alone cannot identify you, including data from Cookies, Pixel Tags and Web Beacons, and Device Data. Non-Identifying Information may be derived from Personal Information.

Givr-Nation means, collectively, our social networking pages or accounts, forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or linked through the Site allowing our users to express opinions and communicate.

Other Sources means sources of information that legally provide Givr with your information, and which are outside the scope of this Privacy Statement at the time of collection.

Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This includes the following types of information:

1. Contact Information: your name, postal addresses, email addresses, social networking website user account names, telephone numbers, or other addresses at which you are able to receive communications;

2. Relationship Information: information you provide that enables us to determine lifestyle, interests, and activities, including location information related to your province, city, or neighborhood; areas of interest, information collected through your interactions with social networks, demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased Gift Certificates as gifts or who have bought Gift Certificates as gifts for you; and information about friends who refer you or whom you have referred; and

3. Transaction Information: information you provide when you interact with us and the Site, such as the Gift Certificates you purchase and redeem; email and other communications; and how you interact with Merchants and our Vendors.

Pixel Tags and Web Beacons means tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions.

Vendors means, collectively, third parties that perform business operations on behalf of Givr, such as transaction processing, billing, mailing, communications services (e-mail, direct mail, etc.), marketing, data processing and analytics, servicing, collections, or ad management.