Thank you for visiting SmarterWallet. We are 0910385 B.C. Ltd., the owner and operator of SmarterWallet (the "SmarterWallet Website"). Your security and privacy are important to us.

Overview

The primary purpose of the SmarterWallet Website is to be a useful resource and guidance tool. We also want you to feel secure when visiting the SmarterWallet Website and we are committed to maintaining your privacy when doing so. We take our ethical responsibilities and your privacy seriously.

This Privacy Policy explains the way we use information that you provide to us in order to offer you with great services. This Privacy Policy will explain the types of personal information we collect, the methods we use to collect and process information, who we may need to share the information with in order to provide you with services, and your rights in regards to the information we collect.

Please read the following carefully to understand our practices regarding your personal data and how we will treat it. You can contact us with questions at the contact details provided below.

This Privacy Policy applies only to your use of the SmarterWallet Website. As the owners and operators of the SmarterWallet Website, we are responsible for the information that you will provide to us, and the manner in which it will be used.

This Privacy Policy does not apply to any third party websites that are linked to from the SmarterWallet Website. We have no control over how your data is collected, stored or used by other websites and we recommend that you check the privacy policies of any such websites before providing any data to them.

What Data Do We Collect?

Broadly speaking, there are two categories of information we collect: (1) information that we must have in order for you to use the SmarterWallet Website; and (2) information that we need to collect on our forms in order to provide you with our service and match you with a debt advisor.

Personal information is gathered from you in two ways: (a) directly (for example if you submit an online form or otherwise supply any personal details to us); and (b) indirectly (for example, through the SmarterWallet Website's technology). We will obtain personal information about you directly (such as your name, email address, phone number, amount of debt, etc.) when you provide this information by completing an online form on the SmarterWallet Website. For example, we will obtain your personal data when you sign up to our e-newsletter, request a free consultation, or contact us for any reason.

Depending upon your use of the SmarterWallet Website, we may collect some or all of the following personal data when you fill in our forms:

1. Name
2. Email address
3. Phone number(s)
4. Country of residence
5. Your amount of unsecured debt
6. Your types of debt
7. How far behind on bills you are
8. The number of different debts that you have
9. Your estimated credit rating
10. Your employment status
11. How much you can afford to repay each month
12. Your residency status (rent/own)
13. Description of your debt problem

The following information is automatically collected for fraud and security purposes.

1. Your IP address;
2. Web browser type and version;
3. Operating system; and
4. A list of pages you visit on the SmarterWallet Website starting with the webpage you came from.

What do we do with your personal data?

After you submit the forms on the SmarterWallet Website, the information you provided is stored on servers of our web services provider - Amazon Web Services. Our agreement with Amazon Web Services requires Amazon Web Services to maintain our data in a location in Canada. We will then analyse your data in order to match you with a debt advisor. If we succeed in matching you with a debt advisor, the debt advisor will attempt to reach you by phone, email and/or text message for your free consultation. Here is the process, in more detail:

In our analysis of your data we use the software services of a software vendor of ours - Boberdoo.com, LLC, a company that is located in the United States of America (the U.S.) ("Boberdoo"). Boberdoo is a third-party company that helps us match you with a third-party debt advisor. Because we use Boberdoo's software in our analysis of your data, your data is transferred to Boberdoo's servers. Boberdoo entered into an agreement with us that obligates it to maintain the same standards for data privacy and protection that we maintain. Boberdoo is required to delete or anonymise your personal data immediately after matching you with a debt advisor.

If we can find a debt advisor to match you with, your data will be transferred, through the Boberdoo platform, to one of the following debt companies located in the United Kingdom, and a representative of the debt company will reach out to you directly. These companies are separate third-party companies, which are not controlled by us. The companies also entered into agreements with us, which obligate them to keep your data secure and protected.

You may be matched with Breitrock GmbH, a partner that uses Leadspedia (located in the United States) to securely store and match you with a debt advisor. Breitrock has a 30 day retention policy and will delete or anonymize your personal data within 30 days. Breitrock are under contract with us to keep your personal data secure and protected.

There are additional third-party companies that will have access to your data:

1. Data8 Limited, a UK company that confirms that you provided a valid phone number. Once your phone number is confirmed, Data8 Limited will delete the data you provided (phone number).
2. PCA Predict, a service provided by a company called GB Group plc, which helps look up your address. Once your address is inserted, PCA Predict will delete the data you provided (i.e., address).
3. NeverBounce, a company that is located in the U.S., which provides us with email verification services. NeverBounce deletes all validated email addresses within 90 days of validation.
4. Twilio, a company that is located in the U.S., which provides us with SMS communications services. All SMS messages will be deleted within 90 days of sending.
5. AnswersWanted Services Inc., a company located in British Columbia, Canada, which provides the SmarterWallet Website with software development, systems admin, and technology support. AnswersWanted Services Inc. may have access to your data in the course or providing services to the SmarterWallet Website.
6. Amazon Web Services, Inc., a company that is located in the U.S., which provides us with web hosting services and related services with respect to the SmarterWallet Website.

In addition to the information we request on our forms, we will collect your IP address and have it saved on our servers for fraud prevention, analytics and security reasons.

We use encryption when we transfer your data to any third-party company we work with, as described in this Privacy Policy.

All of our third-party partners are required to be in compliance with data protection requirements, as applicable in the UK and EU.

With your permission and/or as permitted by law, we may also use your data for marketing purposes which may include contacting you by email, telephone or text messages. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that our marketing practices are in compliance with applicable laws.

All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR").

How Long Do We Store Your Personal Data?

Information that you provide using the forms on the SmarterWallet Website is kept for no longer than 90 days from the day you provided the information, after which we will delete or anonymize such data.

For security purposes we will continue to store your email address and IP address after the lapse of 90 days. Your email address, as saved on our servers, will be encrypted, and your IP address will be saved in an anonymized form. Maintaining your email address and IP address is required, among other things, in order for us to be able to comply with some of the requirements under GDPR, relating to your rights to access, restriction of processing, erasure, correction, objection or portability of your data.

What Happens If our Business Changes Hands?

We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Data provided by users will, where it is relevant to any part of our business be transferred along with the transferred part of the business. The new owner of the business will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by us. In the event that any of your data is to be transferred in such a manner, you will not be notified in advance and informed of the changes.

Your Data Related Rights

Under the GDPR, you have certain rights in relation to your data, which include the right to:

1. Request a copy of the data that we have about you.
2. Request that we provide you with an electronic copy of the personal data that you have provided us with (data portability).
3. Request that we correct the data that we have about you.
4. Request that we restrict our use of your data.
5. Request to erase your data.
6. Notify us that you object to particular ways in which we are using your personal data.
7. File a complaint with the governmental authority in your country which is mandated with regulating data privacy matters (in the U.K. the relevant authority is the Information Commissioner's Office).

In certain circumstances we will not be able to comply with your request. For example, we may have a legitimate interest permitting us not to act as you requested. To exercise your rights, to correct information that we have about you, or to ask questions about your rights, please contact us through the contact details provided in this Privacy Policy.

How Can You Control Your Data?

When you submit information via the SmarterWallet Website, you may be given options to restrict our use of your data. We aim to give you effective controls on our use of your data including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails.

You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (the "TPS"), the Corporate Telephone Preference Service (the "CTPS"), and the Mailing Preference Service (the "MPS"). These may help to prevent you receiving unsolicited marketing. However, these services will not prevent you from receiving marketing communications to which you gave consent.

You are under no obligation to provide us with any information. However, we do require certain information in order to be able to provide you with our services and connect you with a debt advisor.

To request the removal or correction of your data please complete the form found here. We will do our best to fulfill your request within 7 business days.

To the extent that you gave us consent with respect to the collection and use of your data, such consent can be withdrawn at any time by using this form. We will do our best fulfill to your request within 7 business days.

Removal of data or withdrawal of consent will limit our ability to provide our services to you.

The Legal Basis for Our Use of Your Data

We will process your data, as described in the Privacy Policy, according to one of the following recognized legal grounds for processing under the GDPR:

1. The processing of your data is necessary for us to provide you with our services in accordance with the contractual relationship between you and us;
2. The processing of your data is required for us to comply with our legal obligations, including maintaining records which we may legally be required to keep;
3. The processing of your data is required in connection with our legitimate interests, or those of a third party recipient of your personal data;
4. The processing of your data is done according to an express consent that you gave us.

Security

We have put in place appropriate and industry-accepted technical and security measures in order to prevent your data from being lost or used without proper authorization.

Cookies

As part of our advertising process some analytics services and advertising networks set cookies and have access to your IP address after you complete our forms. See our "Cookies" policy here.

Your Acceptance of this Privacy Policy

Your use of the SmarterWallet Website indicates to us that you agree with this Privacy Policy.

If you do not wish to accept this Privacy Policy, please leave the SmarterWallet Website immediately.

Contacting us

If you have any questions about the SmarterWallet Website or this Privacy Policy, please contact us by email at [email protected].

You can also send a letter to 0910385 B.C. Ltd., 4720 Kingsway, Suite 2600, Burnaby, BC, Canada, V5H4N2.

In addition, you can contact our EU representative, DPR Group, BPM 335368, at 372 Old Street, EC1V 9AU, London, United Kingdom, [email protected].

In addition, you can contact our Data Protection Officer, Allan Shpeley, at 4720 Kingsway, Suite 2600, Burnaby, British Columbia, V5H 4N2, Canada, [email protected].

Changes to our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on the SmarterWallet Website. We recommend that you check this page regularly to be informed of updates. If we substantially change this Privacy Policy, we will notify you of such changes. Notifications will be sent to you only if less than 90 days had passed since you last used the SmarterWallet Website.

Last Updated: May 21, 2018

These website terms and conditions of use for SmarterWallet, constitute a legal agreement and are entered into by and between you and 0910385 B.C. Ltd., a corporation incorporated under the laws of British Columbia, Canada ("Company," "we," "us," "our"). The following terms and conditions (the "Terms of Use") together with our Privacy Policy and Cookies Policy, govern your access to and use, including any content, functionality, and services offered on or through SmarterWallet. (the "SmarterWallet Website").

"You/you" and "Your/you" refers to you, the person accessing the SmarterWallet Website.

BY PROCEEDING TO BROWSE AND USE THE SMARTERWALLET WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR THE PRIVACY POLICY AND COOKIES POLICY, YOU MUST NOT ACCESS OR USE THE SMARTERWALLET WEBSITE AND LEAVE IT IMMEDIATELY.

By using the SmarterWallet Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the SmarterWallet Website.

These Terms of Use apply to your use of every part of the SmarterWallet Website. Separate terms and conditions of use will apply to any other website accessible via a hyperlink or if you are automatically redirected from the SmarterWallet Website.

Modifications to the Terms of Use

We reserve the right in our sole discretion to revise and update the Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the SmarterWallet Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

Your Use of the SmarterWallet Website and Account Set-Up

Users are responsible for obtaining their own access to the SmarterWallet Website and for the SmarterWallet Website's availability and performance. Users are required to ensure that all persons who access the SmarterWallet Website through a user's internet connection are aware of these Terms of Use and fully comply with them.

The SmarterWallet Website including content or areas of the SmarterWallet Website, may require user registration. It is a condition of your use of the SmarterWallet Website that all of the information you provide on the SmarterWallet Website is correct, current, and complete.

Your provision of registration information and any submissions you make to the SmarterWallet Website through any functionality such as, forms, applications, e-mail, constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any user name, password, or any other piece of information provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the SmarterWallet Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Permitted Users

We provide the SmarterWallet Website for use only by persons located in the United Kingdom. The SmarterWallet Website is not intended for use in any jurisdiction where its use is not permitted. The SmarterWallet Website may not be used by individuals who are located outside the UK. If you access the site from outside of the United Kingdom, you are in breach of these Terms of Use.

To access and use the SmarterWallet Website you must be at the age of majority in the UK and be capable of forming a binding contract under applicable law.

You may not use the SmarterWallet Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use, or if your permission to use the SmarterWallet Website has been suspended or terminated by the owner.

No Advice/ No Reliance

The content on the SmarterWallet Website is provided for general information and educational purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on the SmarterWallet Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the SmarterWallet Website is accurate, complete or up to date. Your use of the SmarterWallet Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of the SmarterWallet Website.

For greater clarity, and without limitation, the SmarterWallet Website does not provide professional advice or recommendations on financial, legal or tax related matters. It is your sole responsibility to obtain appropriate professional advice suitable to your particular circumstances from a qualified (and licensed, where necessary) professional.

Privacy Statement

We are committed to protecting your privacy. Any information collected from you by the SmarterWallet Website is required in order to provide you with services and operate the SmarterWallet Website. We regularly review our systems and data to ensure the best possible service(s) to you. Please see our Privacy Policy for further information.

Your Personal Data

Any information that you provide, or that is collected from you, may be transferred to third parties. Please review the SmarterWallet Website's Privacy Policy, here, for further details about the manner in which your Personal Data is processed.

Restrictions/Changes/Termination

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

The Company may in its discretion change, suspend or terminate the SmarterWallet Website, or limit, suspend or terminate your use of, or access to, the SmarterWallet Website, with immediate effect, at any time, with or without cause or reason, and without any prior notice or liability to you or any other person.

The SmarterWallet Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of the Company, all without notice or liability to you or any other person. The Company does not guarantee that the service from the SmarterWallet Website will be uninterrupted, timely or error free.

If your permission to use or access the SmarterWallet Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the SmarterWallet Website before such termination with respect to all related matters (including any related dispute).

Links from the SmarterWallet Website

While you are using the SmarterWallet Website, you may see advertisements and links that are posted by third-parties. We do not monitor or review the content of websites that are advertised on the SmarterWallet Website. Opinions, content, images or messaging appearing on such advertisements and links, or on the websites to which they connect, are not necessarily shared or endorsed by us and the SmarterWallet Website is not, and should not be regarded as, the publisher of such opinions, content, images or messaging.

When you click on these links you will leave the SmarterWallet Website and go to other websites. We do not take responsibility for the security or the availability of any website other than the SmarterWallet Website and we are not liable for any losses or damages that you may incur as a result of using any website other than the SmarterWallet Website. If you decide to access linked websites, you do so entirely at your own risk.

Please be aware that we are not responsible for the privacy practices of any website other than the SmarterWallet Website. We encourage our users to be aware when they leave the SmarterWallet Website and to read the privacy policies of all websites that they browse to from the SmarterWallet Website.

You should evaluate the security and trustworthiness of any other website that is linked from the SmarterWallet Website or accessed through the SmarterWallet Website, before disclosing any personal information.

We will not accept any responsibility for any loss or damage in whatever manner, resulting from your disclosure of any information to any website that is not the SmarterWallet Website. For further information, please refer to our Privacy Policy

Third Party Companies

After you complete the form on the SmarterWallet Website, we may introduce you to third-party companies who, according to our estimation, may be able to help you. We are careful about the third-party companies that we work with, and when we introduce you to such a third-party company we do so in good faith and with the intention that such company will be able to provide you with the service that you wish to receive. However, we make no guarantees with respect to any third-party companies to which we introduce you, or with respect to the quality of the services they will provide. We assume no responsibility or liability for any losses or damages you incur as a result of the actions of any such third-party companies. Any services offered to you by such third-party companies shall be offered under the terms and conditions offered by such third-party companies, as agreed to by you, and you shall exclusively be responsible for any damage or loss you incur as a result of such services.

Viruses, Hacking and Other Offences

You are prohibited from attempting to circumvent and from violating the security of the SmarterWallet Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the SmarterWallet Website; (f) use any robot, spider, or other automatic device, process, or means to access the SmarterWallet Website for any purpose, including monitoring or copying any of the material on the SmarterWallet Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the SmarterWallet Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the SmarterWallet Website. Any noncompliance with the foregoing may be deemed a criminal offence under applicable law, including, without limitation, under the Computer Misuse Act 1990 and the Police and Justice Act 2006.

We reserve the right to take appropriate legal action, including without limitation, informing law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the SmarterWallet Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, and, subject to applicable law, provide them with information we have about you, which is relevant for the law enforcement efforts. We will also terminate your ability to access the SmarterWallet Website, if you are noncompliant with these Terms of Use.

To the fullest extent provided by law, we will not be liable for any losses or damages caused by, among other things, denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the SmarterWallet Website or any services or items found or attained through the SmarterWallet Website or to your downloading of any material posted on it, or on any website linked to it.

We cannot guarantee that the SmarterWallet Website is free of viruses or technical defects of any kind and we will not be responsible for any technical problems arising from the use of the SmarterWallet Website.

Intellectual Property

You understand and agree that the SmarterWallet Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company's name, registered trademarks, logo and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the SmarterWallet Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of applicable laws.

You must not use any material on the SmarterWallet Website in any way that infringes the owner's rights. You may view, download and print individual pages or documents from the SmarterWallet Website which you may then use, copy or reproduce for your own lawful, personal, non-commercial and not for profit purposes, provided you keep intact any copyright and other proprietary notices. However, under no circumstances are you permitted to download, copy, reproduce, modify, redistribute, republish, display, post, transmit or extract any part of the SmarterWallet Website with a view to your own commercial benefit, profit or gain. In addition, you must not sell or distribute any of the material on the SmarterWallet Website to third parties, whether for monetary payment or otherwise.

You are not permitted to modify copies of any materials from the SmarterWallet Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the SmarterWallet Website. You must not access or use for any commercial purposes any part of the SmarterWallet Website or any services or materials available through the SmarterWallet Website.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SMARTERWALLET WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ACCESSED THROUGH THE SMARTERWALLET WEBSITE IS AT YOUR OWN RISK. THE SMARTERWALLET WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ACCESSED THROUGH THE SMARTERWALLET WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SMARTERWALLET WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE SMARTERWALLET WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SMARTERWALLET WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE SMARTERWALLET WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use, or your use of the SmarterWallet Website, including, but not limited to, third party websites, or any use of the SmarterWallet Website's content and services.

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the United Kingdom or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the SmarterWallet Website and under these Terms of Use will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

The SmarterWallet Website is operated by 0910385 B.C. Ltd., 4720 Kingsway, Suite 2600, Burnaby, BC, Canada, V5H4N2.

If you have any questions about the SmarterWallet Website or this Privacy Policy, please contact us by email at [email protected].

You can also send a letter to our mailing address, listed above.

In addition, you can contact our EU representative, DPR Group, BPM 335368, at 372 Old Street, EC1V 9AU, London, United Kingdom, [email protected].

In addition, you can contact our Data Protection Officer, Allan Shpeley, at 4720 Kingsway, Suite 2600, Burnaby, British Columbia, V5H 4N2, Canada, [email protected].

Complaints

We pride ourselves on providing a high quality website and we want to ensure that we maintain this at all times. If you are not satisfied with any part of the SmarterWallet Website you can email us at [email protected].

Last Updated: May 21, 2018