Privacy Policy

This Privacy Policy is intended to fully disclose to you, the Client, how we collect, use, disclose and protect your Personal Information (as defined below). This Privacy Policy applies to all of the Services offered by VERB. VERB respects its Clients’ (and Client Customers’) privacy and believes that Personal Information should be held to the highest standard of privacy and security. VERB has referenced the Canadian (Personal Information Protection and Electronic Documents Act) privacy legislation as well as the European Union General Data Protection Regulation in developing this Privacy Policy. Unless the purpose is obvious from the context, we will ask for your prior explicit or general written authorization before using Personal Information for a purpose other than those that are set out in this Privacy Policy

All of your questions should be answered in this Privacy Policy, but if you have any questions please contact our Privacy Officer, whose contact details are below in Section 13.

1. Definitions

  1. "Affiliate” in relation to a Person means any entity which, either directly or indirectly "controls”, "is controlled by” or "is under common control” with, the Person specified, and for the purposes of this definition, "control” of an entity means that the specified Person, directly or indirectly, has the power to direct or cause the direction of the management and policies of that entity through the ownership of voting securities, by contract or otherwise.
  2. "Agreement” means the agreement(s) that generally governs the engagement of VERB to provide Services to the Client.
  3. "Anonymized Information” has the meaning given to it in Section 3.
  4. "Client” means a Person that is the user and/or recipient of Services (including that Person’s Personnel) provided by VERB.
  5. "Client Customer” means a customer or client of the Client, including that customer’s or client’s Personnel, if applicable.
  6. "including” means "including without limitation” or "includes without limitation”.
  7. "Person” means any individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, joint venture, body corporate, a government or any department or agency thereof, and a natural person.
  8. "Personal Information” means information about an identified or identifiable individual, where that information can be used to identify a natural person, either alone or in combination with other reasonably available information. VERB collects the following types of Personal Information:
    1. "Registration Information” is Personal Information about a Client, potential Client or a Client Customer that is provided when: (A) Client or potential Client is purchasing, registering for and/or engaging VERB to provide the Services; and (B) a Client Customer is registering, using and/or otherwise accessing the Services, as applicable.
    2. "Self-Reported Information” is Personal Information about a Client or a Client Customer that a Client or Client Customer voluntarily enters into surveys, forms and/or other features while using or otherwise accessing the Services.
    3. "Web Behaviour Information” is Personal Information about the types of Services the Client or Client Customer uses and how they use them, collected through, among other things, cookies, beacons and similar technologies.
  9. "Personnel” means directors, officers, employees, agents, consultants, representatives and other individuals employed, engaged or retained by a Person.
  10. "Privacy Policy” means this Privacy Policy, as amended and/or updated from time to time.
  11. "Services” means any and all of VERB’s existing or future services, products and deliverables.
  12. "VERB” or "we” or "our” means VERB Interactive Inc. and its Affiliates.
  13. "VERB Research” means research and development based on the data obtained from Clients or Client Customers. These activities include the improvement of the Services, offering new Services and conducting data analysis activities that may lead to commercialization with a third party.

2. How Personal Information is Used

  1. General
    • to provide, maintain and improve the Services;
    • to personalize Client and Client Customer experience;
    • to understand how our Clients and Client Customers as a group use the Services;
    • to improve our customer service;
    • to conduct VERB Research; and
    • to administer a promotion survey or other Service feature

    VERB may also acquire information, including Personal Information, from third parties and will use such information to operate, maintain and improve the Services.

  2. Registration Information

    Registration Information is used to facilitate a Client’s purchase of the Services, provide Clients with customer service, manage the Services and verify a Client’s or Client Customer’s use of the Services. Use of Registration Information is made only upon Client instructions or via grant of permission in an Agreement.

  3. Self-Reported Information

    Self-Reported Information is used as data inputs to produce a more tailored, meaningful user experience of the Services. Use of Self-Reported Information is made only upon Client instructions r via grant of permission in an Agreement.

  4. Web Behaviour Information

    Web Behaviour Information is used to understand how Clients and Client Customers, as applicable, make use of the Services, for VERB Research purposes and to market and/or advertise current and future VERB products and Services. Use of Web Behavior Information is made only upon Client instructions or via grant of permission in an Agreement.

3. Anonymized Information

We may disclose to third parties "Anonymized Information", which is de-identified information that has been derived from the Personal Information of a Client or a Client Customer, or aggregated with the data of other Persons (including data from other Clients, their Client Customers and other third party sources) to substantially minimize the exposure of individual information while still being useful. VERB de-indentifies Anonymized Information by removing any personally identifiable information that is directly related to a particular Client or Client Customer (such as name, address and email). We also take reasonable measures , using available technology, to ensure that such information is non-identifiable, meaning that it would not be reasonably foreseeable that the information could be utilized, either alone or with other information readily available, to identify a Person or to connect a Person to any particular data, and make efforts to disclose only the minimum amount of Anonymized Information necessary for the particular purposes. Finally, VERB will use contractual means to protect the privacy and security of Anonymized Information when working with third parties.

Other than having the benefit of anticipated improvements to the Services, you will not receive any direct financial or other benefit from VERB’s use of Anonymized Information.

4. Information Disclosure

Subject to Section 5, VERB will never disclose Client or Client Customer Personal Information to a third party without requesting and receiving prior explicit or general written authorization from such Client or Client Customer to do so. Where any third party is sub-contracted to process Client or Client Customer Personal Information on behalf of VERB, VERB will ensure the data protection provisions in this Policy and any Agreement are also binding between VERB and the third party. In the case of a general written authorization, VERB will inform our client of any intended changes concerning the addition or replacement of third party processors. If we are legally required to disclose such Personal Information (as described in Section 5), we will make reasonable efforts to notify the applicable Client or Client Customer, as applicable, of such requirement to disclose, unless we are legally prohibited from doing so.

5. Information Disclosure as Required by Law

In some cases, VERB may share Client or Client Customer Personal Information with third parties without your consent if we have a good-faith belief that the access, use, preservation or disclosure of the Personal Information is reasonably necessary to:

6. Your Choices

A Client’s provision of Personal Information, other than Registration Information, is completely voluntary and based only on the permission given by the Client.

7. Security

VERB is committed to keeping the trust you place in us. VERB uses various physical, technical and , administrative , and organizational measures to safeguard Personal Information. These measures are intended to protect against the loss, misuse or alteration of Personal Information under our control; however, VERB cannot guarantee that our security measures will prevent third parties (such as “hackers” or other bad actors) from illegally obtaining or misusing Personal Information. In the event of a Personal Information breach VERB will notify Client without undue delay. In such a situation VERB will describe the nature of the Personal Information breach, the likely consequences of the Personal Information breach, and the measures taken or proposed to be taken by VERB to address the Personal Information breach, including, where appropriate, measures to mitigate its possible adverse effects.

Protecting Personal Information is also the Client’s and Client Customer’s responsibility, as applicable. If applicable, Clients and Client Customers should keep their passwords and any other authentication information that they use to access and use the Services secure. Clients and Client Customers should not share their authentication information with any third parties and should inform VERB immediately of any prohibited use or disclosure of such information.

VERB cannot keep confidential the Personal Information that a Client or Client Customer releases or that VERB releases pursuant to a Client’s or Client Customer’s consent in accordance with Section 4.

8. Business Transitions

If VERB is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any Personal Information (pursuant to this Privacy Policy) and give affected Clients notice before any Personal Information is transferred or becomes subject to a different privacy policy.

9. Changes to this Privacy Policy

This Privacy Policy was updated on May 9, 2018. Our Privacy Policy may change from time to time. When any significant change is made to the Privacy Policy, a notice will be posted as part of this Privacy Policy and it will be placed on the VERB website for 30 days. After 30 days, the changes will become effective.

If Client continues to use the Services after the effective date of the change to this Privacy Policy, Client will be deemed to have agreed to the amended Privacy Policy.

10. Your Acceptance of these Terms

By engaging VERB pursuant to an Agreement and/or by using the Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please contact us pursuant to Section 13 and discontinue your use of the Services.

11. Correcting Personal Information and Termination of Agreement

If Client wishes to make changes or corrections to its Personal Information or have its Personal Information deleted, Client may correct or update this information or make such requests by contacting us pursuant to Section 13. Following the earlier expiry or termination of an Agreement with a Client, VERB may retain Client Anonymized Information and may need to retain Registration Information for accounting and record-keeping purposes.

12. Filing a Complaint

We regularly review our compliance with this Privacy Policy. When we receive formal written complaints, we willcontact the Person who made the complaint to follow up. We work with the appropriate regulatory authorities,including local data protection authorities, to resolve any complaints regarding the transfer of personal data that wecannot resolve with our Clients directly.

Client has the right to file a complaint if it does not agree with how we have used or disclosed its Personal Information. All complaints must be submitted in writing. Client’s Services will not be affected by any complaints such Client makes. Client may contact our Privacy Officer at any time, who will attempt to expeditiously resolve any concern or complaint you may have.

13. How to Contact Us

Questions regarding this Summary, the Privacy Policy, or how VERB handles your Personal Information can be emailed to our Privacy Officer at [email protected].