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This Privacy Policy describes how Porticus Marketplace Inc. and its affiliates (“we”, “our”, or “us”) collect, process, retain, and disclose the Personal Information when providing services on LEND-IT.CA, including, but not limited to, its consumer platforms, websites, and mobile applications, and channels of communication for the purpose of engaging in peer-to-peer rental transactions (collectively, the “Services”). 

This Privacy Policy applies to individuals or entities who use the Services to rent items temporarily (“Borrowers”) and individuals or entities who offer their items for temporary rental through the Services (“Lenders”, and together with Borrowers, “Users” and each a “User”). Lenders are independent third parties not employed by us or any of our affiliates.

1. What Personal Information is collected or processed? 

Personal Information is any information that we can reasonably use to identify you, whether that information identifies you on its own or when combined with other information. 

We may process the following categories of Personal Information in connection with our Services:

  1. Contact Information, including name, address (such as home address, work address, or other delivery address), email address(es), phone number(s), and other contact information provided to us.
  2. Account and Profile Information, including username and credentials, privacy settings and notification preferences, pictures, and other information you add to your profile, any subscription information, and identifiers that we may link to an account and information received from third-party platforms or authentication services that are linked to our Services.
  3. Communications, including the content of in-app messages with Lenders and Borrowers, SMS/text messages, phone calls, chats, and emails with us related to our Services, customer support inquiries and outreach, the date and time of communications, method or channel used, call recordings (if applicable), the outcomes, actions, and/or resolutions from the communications, and other information. 
  4. Content you create or share, including reviews about experiences on our platform, such as ratings of Lenders, Borrowers, or photos you upload.
  5. Payment Information, including credit card or debit card information and information about the payment methods used to make purchases on or through our Services. Payment information is primarily stored and processed by our third-party service providers, including our payment processor.
  6. Activity and Transactions on or with our Services, including information about the items ordered, items posted, order history, items placed on the wish list, pick-up and drop-off instructions, transaction amounts, transaction history, the features and functionality used or interacted with, searches and actions on our Services, responses to our surveys or other market research activities, participation in promotions, or photos and/or videos that you may send or provide to us related to your activity and transactions on or with our Services.
  7. Geolocation Information, if you have consented by enabling location access, we may receive and store your precise location information, including when our apps are running in the foreground (our app is open and on screen) or background (our app is open, not on screen) of your device. You may use our Services without enabling the collection of precise location information from your device; however, this may impact your experience including the accuracy of deliveries and/or the availability of certain content, features and functionality (e.g., you may have to manually enter your delivery address). If you have not allowed us to receive your precise location, we can only determine your approximate location. To opt-out of location sharing after turning it on, follow the steps below:
    1. Android devices:
      1. Open Settings: Go to your phone's Settings app.
      2. Navigate to Apps & notifications: Look for either “Apps & notifications” or “Apps” depending on your device.
      3. Select the app: Scroll through the list of installed apps and select the app for which you want to disable location.
      4. Permissions: Tap on “Permissions” or a similar option within the app settings.
      5. Disable location: Find “Location” or “Location permission” and toggle it off to disable location access for that particular app.
    2. iOS Devices (iPhone, iPad):
      1. Open Settings: Go to your device's Settings app.
      2. Privacy Settings: Tap on “Privacy.”
      3. Location Services: Tap on “Location Services.”
      4. Select the app: Scroll through the list of apps to find the one you want to disable location for.
      5. Choose location access: Select “Never” to disable location access completely for that app. Alternatively, you can choose “While Using the App” for more restricted access.

2. How is Personal Information collected or received? 

  1. From Users of our Services: We receive information from Users of our Services, such as during account or profile creation and updating, listing an item, placing an order, participation in surveys, participation in promotions or contests, or creating or posting content such as photos or reviews, contacting us. If a User provides Personal Information for or about others, such as in connection with our referral or gift programs, the User represents that they have all necessary rights and consents to provide the other person’s Personal Information to us.
  2. Through Cookies and Similar Technologies: Cookies are small text files that are placed on your device, commonly through your browser, and that are used to record information such as settings. Depending on your settings, certain of our Services, including our website, may receive information about you from or through cookies or similar technologies (such as pixels or software development kits).
  3. From our Service Providers: We may receive Personal Information from service providers whom we engage to perform services on our behalf, including communication services providers (e.g., email, SMS/text message, etc.), payment providers and processors, market research services providers, providers of services promotions, and those that may provide us with marketing, advertising, analytics, security, fraud, identity, and age verification services. 

3. How is the Personal Information used? 

Depending on which services you use and how you interact with us, we may use your Personal Information (as described in Section 1 above):

  1. To Provide and Customize Services, including allowing you to place and pay for orders, facilitating the orders you place on or through our Services, recommending and ranking items based on your searches, location, reviews and order history, making promotions, special offers and opportunities available to you, displaying reviews, photos and other content you post publicly, and customizing your experience (including, but not limited to, customization based on your preferences, location, and past use of our Services).
  2. To Provide Customer Support, including by exchanging communications, investigating, analyzing, and remediating support issues including as it relates orders, evaluating our customer support and making improvements, and ensuring that support issues are handled in accordance with our internal standards, processes, and requirements and according to applicable law. 
  3. To Develop, Analyze, and Improve our Services, including debugging or troubleshooting our Services, understanding how you and other customers use our Services and your preferences, improving the Services, and developing new Services or initiatives to provide our Users with the best experience possible.
  4. To Advertise and Promote our Services, including displaying advertising related to our Services and on third-party websites and platforms, improving, developing and implementing marketing campaigns, analyzing whether our advertising is effective, and showing you ads that are most relevant to you about our Services. 
  5. To Allow and/or Facilitate Communications, including communications about our Services, Service updates, orders, accounts, changes to our terms and policies, and to allow or facilitate communications between us and Users. 
  6. For Authentication, Integrity, Security, Quality and Safety, including verifying your account and identity as applicable to our Services, providing a secure payment and shopping experience, to detect, investigate, and prevent malicious or illegal conduct, bugs, malware, fraudulent activity, illegal or unsafe experiences (such as ensuring age-restricted orders are delivered to the intended recipient), and any other actions we deem necessary to protect your safety and security as well as that of other people, property, and businesses, and to secure our Services.
  7. For Legal Reasons and Policy Compliance, including to comply with our obligations under applicable law and to respond to valid legal process, to respond to requests or orders from law enforcement, courts, regulators and other government agencies, to enforce or investigate potential or actual violations of our terms, policies or other legal agreements, to investigate, monitor or mitigate any actual or alleged illegal activities in connection with our Services, to comply with any tax obligations, to perform audits and assessments, and to enable you to exercise your rights as legally required. 

4. Who is Personal Information Disclosed to? 

Depending on which Services you use or interact with, we may provide or disclose Personal Information (as described in Section 1 above) as follows:

  1. To Service Providers: To enable us to meet our business operations needs and to perform our Services, we may provide Personal Information to our service providers and vendors, including, but not limited to, providers of identification and verification services, cloud services, payment services, auditing services, security services, marketing and advertising services, market research services, communication services, analytics services that help us understand usage of our Services, market enrichment services, location and mapping services, and customer support functions. These service providers may access, store and process your personal information outside of Canada. 
  2. To Other Users: To facilitate your orders, we may disclose Personal Information to other Users of Services in order to facilitate rental transactions. This includes, but is not limited to, information contained within item listing such as item descriptions, availability, and location details. By using our platform, you consent to the sharing of such information with other Users as necessary to complete rental transactions.
  3. Publicly: We display content and information that yodou share publicly, or permit or authorize us to share publicly, such as reviews about Users or photos of things you have ordered, so that others can read and learn about your experiences with other Users on our platform and our Services. 
  4. To Marketing and Advertising Partners: We may use third-party marketing and advertising partners to deliver advertising to you, including advertising that may be personalized based on your interactions with our Services as well as your activity on third-party services.
  5. For Actual or Potential Corporate Transactions: If we are involved in strategic transactions including any sale, merger, acquisition, joint venture, assignment, transfer, reorganization, bankruptcy or receivership, we may disclose your Personal Information and other information in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
  6. To Government Authorities or where Legally Required or Permitted: We and our service providers (including domestic and foreign service providers) may share your Personal Information, including information about your interaction with our Services, with third parties such as government authorities, industry peers, or other third parties if legally required or permitted, or as necessary to enforce our agreements, prevent fraud, or protect the rights, property, or safety of our business, employees, Users, customers, or other persons or parties. 

5. Your Privacy Rights and Choices. 

We offer you tools and processes to manage and make choices regarding your Personal Information. Subject to certain exceptions, exemptions, and restrictions, you or your authorized agent may exercise the following rights:

  1. Access/Portability: You may have the right to request access to your Personal Information and receive it in a portable and machine-readable format.
  2. Deletion: You may have the right to ask us to delete your Personal Information, including your account, although this may impact your ability to use the Services. Please note that we will keep a record of all rights requests and therefore will retain limited Personal Information in connection with such record.
  3. Correction: You may have the right to correct, rectify, or update inaccurate Personal Information that we hold about you.
  4. Right to Appeal: You may have the right to appeal decisions that we make with regards to a rights request.
  5. Right to Withdraw Consent: You have the right to withdraw consent when consent is legally required (subject to our legal or contractual restrictions and reasonable notice). If you withdraw consent, we may not be able to provide certain services to you.

We will not discriminate against you for exercising any of your applicable rights. We reserve the right to deny your request if we cannot verify your identity or if an exemption or exception applies.

Unless otherwise stated above, if you have a LEND-IT.CA account, you can exercise certain of your rights directly through your account. We provide you with the ability to update and correct your information through your account. If you have questions on how to exercise your rights, or if you do not have an account or are unable to exercise an applicable right through your account, please contact us at info@lend-it.ca. We will provide timely response in accordance with applicable law. You also may contact us at our number (519)781-6757 to exercise an applicable right. When contacting us, please provide your first and last names, email address, and address of residency, identify the right(s) that you wish to exercise and identify whether you are a User, a non-user, or in another category or grouping.

For rights requests from authorized agents, the requests should be submitted to info@lend-it.ca and include the following: (i) first and last names and email addresses for the data subject and the authorized agent, (ii) evidence of the authority granted to the agent (such as a power of attorney), (iii) information on the data subject’s relationship with us (e.g., registered user, a non-user), (iv) the specific right(s) being exercised, and (v) “Authorized Agent Request” in the subject-line. 

6. Privacy Governance Policies and Practices 

We are committed to protecting your Personal Information and have implemented policies and practices that govern our treatment of Personal Information, including:

  • Designated roles and responsibilities in connection with handling Personal Information in our custody and control; 
  • Policies and procedures regarding the protection of Personal Information, including safeguards designed to protect Personal Information against loss or theft and unauthorized access, disclosure, copying, use, and modification;
  • Processes for responding to data subject requests and complaints; and
  • A framework for the retention and disposition of information designed to ensure compliance with our legal obligations. 

In addition, our Chief Operating Officer will serve as the Privacy Officer and is responsible for overseeing our compliance with applicable privacy laws, and we provide our employees with privacy training and awareness. 

If you have any questions or concerns relating to this Policy or our privacy and security practices, including the manner in which we and/or our service providers (including service providers outside of Canada) collect, treat, process and disclose your personal information, or the scope of any consents requested by us, please contact our Privacy Officer using the contact information in Section 1 of this Policy. 

7. Security and Retention 

We use commercially reasonable administrative, organizational, technical and physical security controls to protect your Personal Information from unauthorized access, modification, disclosure, or destruction. However, we are not able to guarantee that your Personal Information is absolutely secure, since no Internet or email transmission is ever fully secure or error free. You should take special care in deciding what information you send to us via our Services or when you communicate with us or other Users through email, SMS/texts, chat, or other modes of communication. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on our Services or those on third-party websites. Please recognize that protecting your Personal Information is also your responsibility and we urge you to take precautions to protect your Personal Information. If you have reason to believe that your LEND-IT.CA account or any interaction with us is no longer secure please let us know immediately by contacting as indicated below in Section 11 of this Policy.

We retain your Personal Information for only as long as required to provide our Services to you and engage in the uses described in this Policy, unless a different retention period is required by applicable law.

The criteria used to determine our retention periods include the type of Personal Information being processed, along with: 

  • The time necessary to fulfill the purposes for which we collected the information;
  • The duration and status of your relationship or connection with us, including whether your account is active;
  • Any retention period required for our compliance with legal, regulatory, or government requirements, including the period during which civil claims or regulatory actions may be filed or otherwise commenced and the period needed to resolve ongoing legal proceedings; and
  • Our internal obligations, contractual commitments, and other requirements.

8. Cross-Border Transfers of Personal Information 

The Personal Information processed in connection with this Policy, including, without limitation, by us and/or our third-party service providers, may be stored and processed on systems and servers and accessed by persons and parties, located outside of Canada, including storing, accessing, and processing the Personal Information in the United States and other global locations whose data protection laws may differ from those where you live. 

9. Personal Information from Children 

Our Services are not intended for individuals under the age of majority, which includes for clarification, that our Services are not intended for individuals under the age of 18. Therefore, we do not knowingly process Personal Information from individuals under 18 years old. If a parent or legal guardian of a child under the applicable legal age believes that we have collected Personal Information from or about such an individual, please contact us at info@lend-it.ca. 

10. Third-Party Sites 

Our Services may link to other third-party websites that are not controlled by us. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party websites, it will be subject to the privacy policies and practices of that third party.

11. How to Contact Us

For questions or concerns related to this Policy, please contact us at info@lend-it.ca

12. Changes to this Privacy Policy

We may update this Policy periodically to account for changes in how we collect and process your Personal Information. Any updates to this Policy will be posted on our website with a revised “Last Updated” date at the top, and we will provide additional notice in the event of any significant changes in how we use your Personal Information. Your continued use of our Services after any updates to this Policy constitutes your agreement and acceptance of this Policy as updated.