1. Terms of the Policy

a) It is Mighty Bean Co.’s policy to comply with the privacy legislation within its jurisdiction. This Privacy Policy covers all activities subject to the provisions of Canada’s federal and Ontario’s provincial privacy laws, and other international jurisdictions not otherwise specifically addressed by this Policy. The Website and Services are available internationally, and the Agency endeavours to ensure compliance with all applicable privacy legislation in your jurisdiction. The Agency provides its services primarily to Canadian markets, and ensures its compliance with all applicable privacy legislation, including but not limited to, the secure storage of user data, disclosing the collection and use of its user data, and only using its users’ data for purposes associated with or ancillary to the Services.

b) The rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. You may contact Mighty Bean Co.’s Privacy Officer for more information on this Policy at hey@mightybean.co.

c) Mighty Bean Co. does not knowingly collect personally identifiable information from any person under the age of 13. In the case it is discovered that a child under 13 has provided the Agency with personal information, Mighty Bean Co. will immediately delete it from its servers. If you are a parent or guardian and you are aware that your child has provided Mighty Bean Co. with personal information, please send an email to hey@mightybean.co so that the Agency might remove your child’s personal information.

d)  In order to help Mighty Bean Co. maintain and ensure that your personal information is accurate and up to date, you must inform the Agency, without delay, of any change in the information you provided.

2. Personal Information

a) The personal information that Mighty Bean Co. collects includes:

• Your first and last name;
• City in which you are located;
• Email address;
• Credit card payment information;
• Your business name and information regarding your business’ organizational structure; and
• Any other information required in accordance with applicable legislation. (the “Data”)

b) Mighty Bean Co. may collect personal information through the following means:

• Directly from you/the User;
• Electronic devices;
• Third-party sources.

c) Your Data may be used for purposes including but not limited to:

• Connecting with you to provide the Services;
• Providing the Services to you;
• Completing the subscription opt-in process;
• Administering promotions;
• Administering, billing, and collecting funds in relation to your use of Website or the Services;
• Protecting against fraud or error;
• Communicating with you to fulfill requests and ensure satisfaction;
• Fulfilling the terms of a warranty or agreement;

d) To help Might Bean Co. monitor and improve the Website quality, the Agency may collect your computer or mobile phone’s Internet Protocol (IP) address, browser type, the web page visited before you came to its Website, information you search for on the Website, locale preferences, transactions date and time, operating system information, as well as metadata concerning your Data such as software of origin and typology.

e) Mighty Bean Co. will always seek your consent before or at the time that it collects personal information. The Agency may collect information about you from a third party if you have consented to that third party to release your information, for example, for payment or credit card processing. The Agency may also utilize the services of third parties and may receive personal information collected by those third parties in the course of the performance of the Services. Mighty Bean Co. requires all third parties to provide confirmation that they are authorized to release your information.

f) Mighty Bean Co. is the sole and exclusive owner of the Data and will not sell, share, lease, or otherwise distribute or disclose the Data in any way other than as disclosed by this Policy. Data may be collected through multiple pages on the Website.

3. Authorized Disclosure and Use

a) Mighty Bean Co. discloses personally-identifying information, namely, the Data you provide and such personal information as the Agency lawfully receives from third-party sources (“Personal Information”) only to its contractors and affiliated organizations and third parties that need to know that Personal Information to process it on Mighty Bean Co.’s behalf or to provide the Services, and that have agreed not to disclose it to Some of those contractors and affiliated organizations and third parties may be located outside of Canada and/or outside your jurisdiction. By using the Website or the Services, you consent to the disclosure of Personal Information to them for purposes including but not limited to:

• Providing the Services;
• Processing your payment;
• Managing and administering your access to the Services;
• Sending marketing and promotional communications;
• Conducting feedback and user surveys;

b) Mighty Bean Co. may also use your Personal Information, specifically your contact information, including but not limited to your name and email address, with your consent for the following purposes:

• to send you content as a member of Mighty Bean Co.’s Mighty Bean Talk mailing list;
• to send you newsletters;
• to inform you of surveys and provide associated notices and updates;
• to inform you of special offers from partners and select third parties and to provide associated notices and updates;
• to inform you of updates to the Website and Services;

c) Your Personal Information may also be used and disclosed:

• to comply with valid legal proceedings;
• to respond to a complaint or dispute;
• during an emergency situation where health or safety is at risk;
• to protect the rights of Mighty Bean Co.;
• to prevent fraud or abuse of Mighty Bean Co. or its Users;
• to protect the safety of any individual from injury or death;
• as required by the Agency’s professional advisors;
• where the personal information is publicly available; or with your consent.

In such event, only the minimum amount of personal information required to fulfill the contemplated purpose will be disclosed.

d) Collected Information and Cookies may be used in aggregate form to assess how users use the Website. Your consent will always be sought prior to Cookies being allowed from the Website.

e) When you contact Mighty Bean Co. to obtain support, the Agency may keep a record of your communication to help solve any issues you might be facing and reserve the right to publish it without any way to identify its origin, to help us support other Users.

f) If Mighty Bean Co. is involved in a merger, acquisition, or sale of all or a portion of its assets, your Data and Personal Information may be transferred as part of that the Agency will notify you via email and a notice on its websites of any change in control or use of your Data and/or Personal Information. Mighty Bean Co. will also notify you of choices you may have regarding the Data and Personal Information.

g) Mighty Bean Co. may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, Mighty Bean Co. may share information publicly to show trends about the general use of its Website. The Agency will never disclose data that may personally identify you without your prior written consent.

h) You may change or withdraw your consent, or update your Personal Information at any time, subject to legal or contractual obligations and reasonable notice by contacting our Privacy Officer in writing to hey@mightybean.co. Mighty Bean Co. may terminate any services to you immediately if you withdraw your consent to the collection of Personal Information. The Agency may require that you provide sufficient information to identify yourself before the Agency complies with any request regarding Personal Information or Data stored by Mighty Bean Co. The Agency will use all reasonable efforts to respond to user requests in a timely manner.

4. Retention of Data and Information

a) You may change or update your privacy preferences by contacting hey@mightybean.co. This includes:

• Updating your address and personal information;
• Subscribing or unsubscribing to marketing and promotional communications; and
• Updating your credit card information.

b) Mighty Bean Co. will retain your information for as long as needed. The Agency uses industry-standard encryption and security standards to protect your information. Once the Services you have purchased are deemed to have been rendered in the sole discretion of Mighty Bean Co., your Data will be deleted automatically within 30 days. If you wish to request the deletion of your Data, you may request such deletion by emailing hey@mightybean.co.

c) Mighty Bean Co. may retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce agreements. Consistent with these requirements, Mighty Bean Co. will endeavour to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from the Agency’s servers and backed-up versions might exist after deletion.

d) If a specific purpose is stated on the Website for the collection of information from you, the information collected will only be stored and used for that stated purpose. Your information will not be used for any other purpose, which is not stated explicitly on the Website.

e) Mighty Bean Co. will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. The Agency generally assumes that information that you provide is accurate. If information you give is inconsistent with other information you’ve given or with information that is available in public records or from other sources that Mighty Bean Co. is permitted by law or agreement to use, the Agency will use reasonable efforts to make sure that the information it processes is accurate.

f) Mighty Bean Co. may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. Other reasons for denying or limiting access are:

• Interference with execution or enforcement of the law, including the prevention, investigation or detection of offences or the right to a fair trial;
• Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;
• Disclosure of personal information pertaining to other individual(s) where such references cannot be redacted;
• Breaching a legal or other professional privilege or obligation;
• Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;
• Prejudicing employee security investigations or grievance proceedings;
• Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;
• Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or
• Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.

5. Usage Data

a) Usage Data is collected automatically when using the Service. Usage Data may include information such as your mobile device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Mighty Bean Co.’s Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

b) When you access the Website by or through a mobile device, Mighty Bean Co. may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

c) Mighty Bean Co. may also collect information that your browser sends whenever You visit its Service or when you access the Service by or through a mobile device.

6. Cookies

a) To ensure that the Website is optimized for ease of use, Mighty Bean Co. or its service provider(s) may use Cookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. You are not required to accept Cookies from the Website. You can reset your browser to notify you when it has received a Cookie or refuse to accept Cookies. However, if you refuse to accept Cookies, you may limit your viewing and/or not be able to access all features on the Website.

b) Mighty Bean Co. or its hosting provider may collect traffic information and information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. The Agency or its hosting provider use this information to analyze trends, administer sites, track aggregations of users’ movements, and gather demographic information for aggregate use. IP addresses and other log file information are not connected to personally identifiable information.

c) Mighty Bean Co. may also collect information from web beacons, which indicate whether you visited a certain page on a website, opened a promotional email, or clicked on an online advertisement.

d) Mighty Bean Co. may collect geographic location from your mobile device or IP number to determine the nearest store or suggest specific product shipping offerings.

e) The Website is not designed to recognize “Do Not Track” requests from web browsers.

7. Analytics

Mighty Bean Co. may from time to time use third-party service providers to monitor and analyze the use of its Website.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of Mighty Bean Co.’s Website. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy

Email Marketing

With your prior consent, Mighty Bean Co. may use your Data to contact you by newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Mighty Bean Co. by following the unsubscribe link or instructions provided in any email Mighty Bean Co. sends or by contacting the Agency.

Mighty Bean Co. may use Email Marketing Service Providers to manage and send emails to you.

8. Third-party Applications

a) The Mighty Bean Co. Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be linked from the Agency’s Services. Mighty Bean Co.’s Privacy Policy does not cover the information practices of other companies and organizations who advertise the Agency’s services, and who may use cookies, pixel tags and other technologies to serve and offer relevant

b) Mighty Bean Co. may share your information with a third-party application with your prior written consent, for example for payment processing. Mighty Bean Co. accepts no responsibility or liability in respect of any third party. Please refer to the privacy policies published on any third-party sites, which you may access through the Website before submitting personal information to them.

9. Enforcement

Mighty Bean Co. regularly reviews its compliance with the Privacy Policy. When the Agency receives formal written complaints, it will contact the person who made the complaint to follow up. Mighty Bean Co. works with the appropriate regulatory authorities to resolve any complaints regarding the transfer of Data and Information that it cannot resolve with Clients directly.

10. Security

The security of your Data and Personal Information is extremely important. Mighty Bean Co. follows the generally accepted standards held within its industry to protect submitted information, both during transmission and once it is received. Data is stored on internal, external, and encrypted online servers, protected with firewalls, malware protection, and multiple backup points. However, no method of electronic transmission or storage is 100% secure. Therefore, Mighty Bean Co. cannot and does not guarantee absolute security. Unless specific contractual arrangements are made with you, the Agency may process your Data on a server located outside your jurisdiction.

11. Privacy Officer

The Privacy Officer for Mighty Bean Co. is Adrienne Martin. Should you have any questions about this policy, including any complaints, you may contact her Privacy Officer at hey@mightybean.co.

12. Costs

Mighty Bean Co. reserves the right to charge a reasonable amount to respond to requests to produce transcripts, copies, or transfers of its Data or your Personal Information. You will be notified prior to being assessed a charge for such services.

13. Changes to This Privacy Policy

This Privacy Policy may change from time to time. Mighty Bean Co. will not reduce your rights under this Privacy Policy without your explicit approval. The Agency will post any privacy policy changes on its websites and, if the changes are significant, the Agency will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Mighty Bean Co. will also keep archived versions of this Privacy Policy for your review. By using the Website, you acknowledge and agree to this procedure.

14. Governing Law

This Privacy Policy is governed by the laws of the Province of Ontario and applicable laws of Canada and these laws apply to the use of the Services by you, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where it may lawfully be offered for use.

15. Enforceability

If any term of this Privacy Policy is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Privacy Policy and the remaining terms will continue to apply.

16. No Waiver

Failure of Mighty Bean Co. to enforce any of the provisions set out in this Privacy Policy or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of this Privacy Policy or any part thereof, or the right thereafter to enforce each and every provision.

17. Agreement to Terms of Policy

By using the Website and/or providing information to Mighty Bean Co., you accept and agree to the collection and use of your personal information for the purposes described hereinabove.

18. Arbitration

In the event of any dispute relating to or arising out of your use of the Privacy Policy, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and Mighty Bean Co. are unable to agree on an arbitrator within fifteen (15) days after the Agency is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and Mighty Bean Co. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.