Privacy Policy

Effective Date: September 5, 2019

MVC Technologies Inc. ("MVC", "we", "us" or "our"), the owner and operator of MVC, the website www.tokein.com (the "Website"), and all of MVC's websites, mobile applications (including the Mobile Rewards app), channels, software and social media pages (collectively, the "Sites"), committed to maintaining and protecting the confidentiality and security of your personal information.

IF YOU ACCESS THE MOBILE REWARDS APP, WEBSITE AND THE SITES, you signify your consent to the collection, use and disclosure of information in accordance with this Privacy Policy. If you do not consent, please do not provide personal information to MVC or use the services provided by MVC through the Mobile app or Website and the Sites. In most instances, the services provided by MVC can only be offered to you if you provide Information to MVC.

The purpose of this privacy policy (the “Policy”) is to: (i) inform you of the privacy practices and policies of MVC, including how and why your personal information is collected, how your personal information is used and with which parties we may share your personal information; and (ii) provide you with contact information should you have questions or concerns about our privacy practices. This Policy is accessible via the Website. 

It is MVC's policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy has been developed in accordance with the privacy laws of Canada.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions.

Overview of Our Privacy Practices

Our privacy practices are summarized here.  Under this Privacy Policy, MVC:

  • Requires that you confirm that you are the age of majority in your province, territory state or local jurisdiction prior to accessing or using the Mobille Rewards app;
  • Collects personal information that you provide when you register for the site or communicate with us by email, phone, video conference or postal mail.
  • Collects market-related information, non-identifiable information regarding your use of the Sites (such as URL information and IP address, and the date and time you accessed the Sites);
  • Collects, uses and discloses the personal information as is necessary in the course of providing our services on the Sites and as otherwise permitted or required by law, including to establish, maintain and manage MVC's relationship with you, to review our products and services to better understand them, to comply with your requests, and to protect you and MVC against error, fraud, theft and damage, to assess operational and performance trends and improve our Sites for your use and to communicate with you;
  • Shares this information with its authorized employees, agents, service providers and legal representations, and may also share this information with third parties, such as our data and payment processors, that it engages to provide products and services on its behalf;
  • May use, share and disclose the personal information collected in de-identified and aggregated form with CDS, a MVC research tool that provides insights into the cannabis industry;
  • Except as set out in (d), (e) and (f), does not share your personal information with third parties without your consent, unless authorized or required by law or as disclosed to you when the information is collected;
  • Stores your personal information through a third party service provider in North America, where only staff members who require access to offer our services will have access to your personal information; however, the third party service providers are only permitted to store your personal information, and are not otherwise authorized to collect, use or disclose your personal information, except in accordance with the purposes set out in this Policy.
  • Stores your information only for as long as necessary for the purposes set out in this Policy or as required by law;
  • Allows you to access, update, modify or change the Information you provided by contacting us; and
  • Mitigates the risk and impact of potential harms involved in the disclosure of personal information through the adoption of reasonable physical, electronic and managerial procedures appropriate to the sensitivity of the data in an effort to safeguard the personal information you provide to us.  Even with these measures, there is a residual risk of the loss of, unauthorized access to or unauthorized disclosure of your information which could result in financial or other harm to you.

Further information with respect to our privacy practices is set out below.

What Is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than an individual's business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities.

Your Consent is Important to Us

It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of the individuals with whom we interact.

When you first access the Sites or register for the Sites, you will be asked to confirm that you are of the age of majority in your province, territory, state or location by providing your date of birth.

Also, when you register to use the Sites, we collect the following information from you:

  • Contact and identification information, such as your name, address, telephone number, organization name, job title, and e-mail address;
  • Your marital status;
  • Cannabis-related product purchases;
  • Your social media user names;
  • Information regarding your location;
  • Your gender;
  • Your cannabis usage experience;
  • Information related to specific medical ailments associated with cannabis use; and
  • Your date of birth or age.

We may also collect market-related information, which may include market trends and activities impacting our business. We may also collect information related to our media, public relations activities, and information related to our interactions with financial and other advisors.

We may collect information related to your usage of our Mobile Rewards app, including the device type, location access from, and action captured within the application We may collect and process information about your actual location using various technologies including IP address, GPS and other sensors. We use this information to monitor our Sites’ performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our Sites.

Finally, our Sites may contain links to other sites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these sites. MVC is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Typically, MVC collects personal information from you. In other circumstances, MVC collects information from MVC in the matter described below. In addition, where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).

From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

How Do We Use Your Personal Information?

We limit the collection, use, retention and disclosure of Information to that which is reasonably necessary for the purposes outlined herein.  When personal information collected by MVC is to be used for a purpose not previously identified, the new purpose will be identified prior to use.

We may use your personal information

  • As permitted or required by applicable law or regulatory requirements;
  • To establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
  • To be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;
  • To be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;
  • To be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
  • To protect MVC against error, fraud, theft and damage to our goods and property;
  • For internal and service-related purposes and may provide it to third parties to allow us to facilitate the Sites;
  • To provide it to third parties associated with the Sites including dispensaries with your consent so that they may contact you directly;
  • For informational and operational purposes, such as account management, customer service, or system maintenance;
  • To verify your identity as an account holder and to ensure that you are of legal age and eligible to use the mobile application;
  • For operational trends, performance and in order to improve the Sites;
  • To communicate with you, transfer points or prizes for usage, notify winners, publish announcements of winners and verify prize eligibility; and
  • For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

MVC may also use, store and disclose your Information in de-identified, aggregated form for its Clinical Decision Support tool ("CDS") and future data driven cannabis usage and efficacy tools that may be developed by MVC. CDS is a program developed by MVC that uses de-identified, aggregated information about users to identify trends, preferences and tendencies of cannabis use for business and research purposes.  The information used, stored and disclosed to CDS users is completely de-identified and aggregated, and MVC will not use the information in CDS to re-identify an individual for any purpose, unless required to do so by applicable law.  To learn more about our de-identification process, you can contact us here: info@mvctech.ca

When do we Disclose Your Personal Information?

We may share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf.

We use Merrco for all of our payment processing needs, and may share personal information about you with them to facilitate online payment for your monthly fees.

For example, we may share your personal information from time to time with our third party information technology, payment and data processing service providers so that we may operate our business. As a result, your personal information may be collected, used, processed, stored or disclosed in Canada or the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of that jurisdiction.

In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, the grant of a security interest in, all or a part of MVC through, for example, an asset sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Also, we may provide it to third parties associated with the Mobile Rewards app & Sites including dispensaries so that they may contact you directly, but only where you have provided consent for us to do so. 

Finally, your personal information may be disclosed: as permitted or required by applicable law or regulatory requirements; to comply with valid legal processes such as search warrants, subpoenas or court orders; as part of MVC's regular reporting activities; to protect the rights and property of MVC; during emergency situations or where necessary to protect the safety of a person or group of persons; and with your consent.

How is Your Personal Information Protected?

The personal information collected about you is retained in confidence and MVC have adopted reasonable physical, electronic and managerial procedures appropriate to the sensitivity of the data in an effort to safeguard the personal information you provide. Notwithstanding these measures, no collection or transmission of information over the Internet or otherwise can be guaranteed to be 100% secure, and therefore the security of any such information cannot be warranted or guaranteed.

Where is your Personal Information Stored?

The personal information we collect will be retained in compliance with MVC's legal obligations, and only as long as necessary for the purposes for which it was collected.

The personal information we collect will be stored on the servers of our third party service provider, [name of service provider] which are located in multiple locations in North America. Within MVC, only staff members who require access to offer our services will have access to your Information. We require anyone who collects, uses or Information on our behalf to be aware of the importance of maintaining its confidentiality. This is done through the signing of confidentiality agreements, privacy training, and contractual means.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, it is your responsibility to keep us informed of such changes.

In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to Your Personal Information

Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information held by MVC. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

Privacy Officer: Kash Qureshi, MVC Technologies Inc.

                        5045 Orbitor Dr, Building 11, Unit 300

                        Mississauga, Ontario, L4W 4Y4

                        Canada

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. You can reach our Privacy Officer by emailing: privacy@mvctech.ca.

MVC will receive and respond to complaints or inquiries about our policies and practices relating to the handling of Information, and will investigate all complaints. If a complaint is found to be justified, MVC will take appropriate measures to respond. We will inform individuals who make inquiries or lodge complaints of other available complaint procedures, including to the Privacy Commissioner of Canada or the Information and Privacy Commissioner of Ontario, as applicable.

Revisions to this Privacy Policy

MVC reserves the right, in its sole discretion, to modify this Privacy Policy, at any time and without prior notice. If we modify this Policy, we may post the modification via the Website or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification via the Website or have provided you with notice of a modification, you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, you agree to immediately stop using the Sites. You should periodically check the Website for updates. Your continued use of the Website or Sits after such effective date will constitute acceptance by you of the changes.

This Privacy Policy was last updated: June 25, 2019.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore, where the word "including" is used, it shall mean "including without limitation".

This Privacy Policy does not create or confer upon any individual any rights, or impose upon MVC any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.