Privacy Notice

Effective Date: December 1, 2022

Welcome to Geophonica™ — a location-based audio experience. This Privacy Notice explains how 7146868 Canada Inc. (“Maker’s Dozen™”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes personal information in connection with our app Geophonica™, and our website http://www.geophonica.com (collectively, our “Platforms”) and the related content, services, products and other functionality offered on or through the Platforms (the “Platform Services”).

This Privacy Notice does not address our privacy practices relating to our employees or other personnel. In addition, this Privacy Notice is not a contract and does not create any legal rights or obligations.

What is Location-Based Audio?

A location-based audio experience is one that uses a mobile device to deliver audio and other related content based on the user’s current geographic location.

What is Personal Information?

In connection with our Platform Services, we may collect and process personal information. When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

Our Collection of Personal Information

We may collect personal information both automatically when an individual interacts with our Platform Services, and directly from an individual who submits such information to us. At times, we may collect personal information from other sources, even before our first direct interaction.

Personal Information Collected Directly from Individuals

We may collect the following personal information individuals provide in connection with our Platform Services:

• Contact Information, including first and last name, email address, social media handles, and communication preferences.

• Transaction Information, including purchase and sale history, and metadata describing various information about each transaction.

• Inquiry Information, including information provided in custom messages sent through our Platform Services or provided directly to a member of our team.

Personal Information Automatically Collected

We and our third-party providers may also collect personal information from an individual’s device, browsing actions, and site usage when visiting or interacting with our Platform Services, which may include:

• Log Data, such as internet protocol (IP) address, operating system, browser type, browser ID, the URL entered and the referring page/campaign, date/time of visit, the time spent on our Platform Services, and any errors that may occur during the visit to our Platform Services.

• Analytics Data, such as the electronic path taken to our Platform Services, through our Platform Services, and when exiting our Platform Services, as well as usage and activity on our Platform Services.

• Location Data, such as general geographic location based on the log data we or our third-party providers may collect.

Personal Information from Third Parties

We may also obtain personal information from third parties, which we may combine with other personal information made available to us.

We may receive the same categories of personal information as described above from the following third parties:

• Social Media: When an individual interacts with us through various social media networks, such as when someone communicates with us through Twitter or Discord, we may receive some information about the individual that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.

• Event Coordinators: We may attend or sponsor events, and obtain personal information regarding attendees of those events. We may receive this personal information directly from individuals who choose to interact with us at those events, or we may obtain information directly from event coordinators in connection with an individual’s registration for and attendance at the event.

• Service Providers: Our service providers that perform services solely on our behalf, such as payment processing and marketing providers, collect personal information and often share some or all of this information with us.

• Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement personal information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with an individual.

• Publicly Available Sources: We collect personal information about individuals that we do not otherwise have, such as contact information or an individual’s interest in our Platform Services, from publicly available sources. We may combine this information with the information we collect from an individual directly.

Our Use of Personal Information

We may use personal information we collect to:

• Manage our organization and its day-to-day operations;

• Communicate with individuals, including via email and social media;

• Market our Platform Services to individuals, including through in-person events, social media, email, and other online venues, based on individual interests and interactions with us;

• Administer, improve, and personalize our Platform Services, including by recognizing an individual and remembering their information when they return to our Platforms;

• Facilitate transactions and individual benefits and services, including customer support;

• Identify and analyze how individuals use our Platform Services;

• Conduct research and analytics on our user base and our Platform Services;

• Improve and customize our Platform Services to address the needs and interests of our user base and other individuals we interact with;

• Test, enhance, update, and monitor the Platform Services, or diagnose or fix technology problems;

• Help maintain the safety, security, and integrity of our property and Platform Services, technology assets, and business;

• Defend, protect, or enforce our rights or applicable contracts and agreements;

• Prevent, investigate, or provide notice of fraud or unlawful or criminal activity;

• Facilitate business transactions and reorganizations impacting the structure of our business; and

• Comply with legal obligations.

Where an individual chooses to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide additional privacy-related information where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy notice will govern how we may process the information provided at that time.

Our Disclosure of Personal Information

We may disclose Personal Information in the following ways:

• Affiliates: We share personal information with other companies owned or controlled by us, and other companies owning or under common ownership with us. This includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing services.

• Third-Party Payment Facilitation Providers: We share personal information with third-party payment facilitation providers to process transactions.

• Marketing Providers: We coordinate and share personal information with our marketing providers to communicate with individuals about the Platform Services we make available.

• Customer Service and Communication Providers: We share personal information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.

• Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, payment processing services and administrative services.

• Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.

• Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:

  • in connection with the establishment, exercise, or defense of legal claims;

  • to comply with laws or to respond to lawful requests and legal process;

  • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;

  • to detect, suppress, or prevent fraud;

  • to protect the health and safety of us and others; or

  • as otherwise required by applicable law.

• Otherwise with Consent or Direction: We may disclose personal information about an individual to certain other third parties or publicly with the individual’s consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Platforms or service-related publications.

Our Retention of Personal Information

To the extent we retain personal information, we do so as long as is necessary for the purposes set out in this Privacy Notice, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.

Cookies and Related Technologies

Overview of Cookies

We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, similar technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect personal information and use or disclose the personal information for the purposes described in the sections above.

Choice Relating to the Use of Cookies on Our Platform Services

If an individual would prefer not to accept cookies, most browsers will allow the individual to: (i) change the individual’s browser settings to notify the individual when the individual receives a cookie, which lets the individual choose whether or not to accept it; (ii) disable existing cookies; or (iii) set the individual’s browser to automatically reject cookies. Please note that doing so may negatively impact the individual’s experience using our website, as some features and offerings may not work properly or at all. Depending on the individual’s device and operating system, the individual may not be able to delete or block all cookies. In addition, if the individual wants to reject cookies across all browsers and devices, the individual will need to do so on each browser on each device the individual actively uses. The individual may also set their email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether they have accessed our email and performed certain functions with it.

Children’s Personal Information

Our Platform Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Platform Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.

Links to Third-Party Websites or Services

Our Platforms may include links to third-party websites, plug-ins, and applications. Except where we post, link to, or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

Updates to This Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Platforms, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to hello@makersdozen.ca.