Website Privacy Policy

(Last modified on March 7, 2022)

Introduction, Acceptance and Definitions

Welcome to the Oxio ("Oxio" and "we") website located at https://www.oxio.ca/ (the " Website") which includes all subdomains present and future. We hope you enjoy your visit and use of the Website.

By visiting and/or using the Website or purchasing the Services (as defined hereinbelow) in any capacity, you agree to be bound by the terms of the present Privacy Policy (the " Policy"). If you do not agree with the Terms of Use or any applicable policies, please do not browse or consult the content of the Website.

In this Policy, a Website visitor may be referred to as " you". The Policy should be read in conjunction with the Website Terms of Use (the " Website Terms of Use"), as both these documents govern your use of the Website.

Where you (or you acting on behalf of a company or other organization) are in the process of purchasing any Oxio products, or if you subscribe to any of the Oxio services (collectively, the " Services"), you will be subject to the Services Terms and Conditions (the " Services Terms and Conditions"), which should be read in conjunction with this Policy.

Oxio reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, you will be notified via email.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information (as defined hereinbelow) Oxio holds about you, please contact:

Privacy team

privacy@cogeco.com

General Statement of Privacy and Protection of Personal Information

Oxio takes your privacy and security of Personal Information very seriously. This Policy describes the limited ways the information is used and the limited access to such information in connection with the Website.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally identifiable information (" Personal Information") and other information gathered by Oxio when you are using or accessing the Website. This Policy also covers Oxio's treatment of any Personal Information that Oxio may share with its business partners or other third parties under very limited circumstances as a result of your use or access to the Website.

This Policy does not apply to the treatment of information in connection with the Services. In such case, please refer to the Services Terms and Conditions.

Furthermore, this Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Oxio does not own or control, including but not limited to any third-party websites or services that you elect to access through the Website or via a link from the Website (" Third-Party Website"), or to individuals that Oxio does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access. We have named and provided links to the most important of these Third-Party Websites further in this Policy.

Finally, this Policy does not cover any Personal Information you send to Oxio via any non-secured mode of communications such as email, instant messenger or social networks, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Oxio via these methods.

No Collection of Personal Information as a Matter of Course

Oxio does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up for an account and making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

Personal Information Collected and Its Uses

The following is a list of Personal Information collected from you when you use the Website and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent.

  • If you are in the process of purchasing Services, you will be required to enter some Personal Information in order to make a purchase, including: name, address, phone number and email address. In this Policy, such information is referred to as " Account and Order Information". Account and Order Information is used to manage your account, to communicate with you information about your account, to respond to your questions or requests and provide customer service, to follow up on your shopping experience, to validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and to send you related information, coupons, products or samples.

  • If you are in the process of purchasing Services, you will be required to enter the following information in order to purchase Oxio products: credit card number, credit card expiry date, security (CVV) number, and billing address if different from your address. In this Policy, such information is referred to as " Billing Information". Billing Information is only used to process the credit card transaction for your purchase(s). For more details on the treatment of your Billing Information, please see the "Secured Payments" section further below in this Policy.

For the purposes of this Policy, Account and Order Information, as well as Billing Information may all be considered Personal Information.

Security and Encryption of Information

Oxio uses only industry best practices (physical, electronic and procedural) in keeping any data collected via the Website (including Personal Information) secure. In addition, Oxio uses third party vendors, service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, and these third parties have been selected for their high standards of security, both electronic and physical. You acknowledge that our third-party vendors and hosting partners may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home province, state, country or other governmental jurisdiction.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Oxio automatically collects certain information using third-party analytics programs such as Google Analytics, to help us understand how our users use the Website, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website users in the aggregate. Oxio also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and the sections in this Policy regarding Security and Encryption of Information, Secured Payments, Mailing List Management and SMS Communications, Oxio does not divulge any Personal Information gathered via the Website to third parties. Moreover, Oxio does not sell, rent, trade or license any Personal Information collected via the Website regarding its users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of Oxio are responsible for the management and development of the Website and the processing and delivery of your order(s), and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted via the Website (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Website Terms of Use or the Services Terms and Conditions (as applicable); (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Oxio (in which case we will require such entities to honour this Policy); (5) if Oxio merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Secured Payments

Oxio uses third parties such as Stripe for processing of secured payments for purchases of Oxio products made on the Website. No Billing Information is ever stored on servers controlled by Oxio. Stripe has our permission to store, on behalf of Oxio, the data pertaining to the executed transactions by customers (including all Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of customers, and for follow-up as needed. This data may be used for validation and registration purposes of customers, and to trace any fraudulent activities if necessary. When you make a purchase using Stripe, you are subject to the Privacy Policy of Stripe, which we encourage you to read.

Mailing List Management

Oxio may use third party to manage our mailing list and send out emails. Personal Information (your name and email address) is transferred to such third party in order for the mailing list to function properly. Your Personal Information is only used to send out emails properly; it is our understanding that such third parties do not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party.

You may unsubscribe from Oxio's mailing list at any time, by following the link at the bottom of all Oxio emails. Please note if you unsubscribe from Oxio emails, you may not receive important information about your account.

Oxio is committed to ensuring that we respect anti-spam legislation, specifically the Canadian law informally known as Canada's Anti-Spam Law (" CASL", S.C. 2010, c. 23). If you believe you have received emails from us in violation of this law, please contact us using the contact information further up in this Policy.

SMS Communications

Oxio may use third party software for sending out communications via SMS. Personal Information (your mobile number) is transferred to such third party in order to send out the SMS communications properly. Your Personal Information is only used to send out the SMS communications properly; it is our understanding that such third-party software does not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party.

Tracking Technology (Cookies)

Oxio uses storage and tracking technology (" Cookies") on the Website and by using the Website, you agree to their use. Cookies are small text files placed on your hard drive when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website uses "session cookies," which improve your user experience by storing certain information from your current visit on your computer.

Specifically, we may use Cookies for the following functions:

  • to facilitate the use or delivery of the Services;
  • to keep track of preferences you specify while you are using the Website;
  • to provide general internal and user analytics;
  • to provide personalized advertisements based on Website visitors' shopping experience with us;
  • to measure the return on investment of certain advertisements;
  • to conduct research to improve the content of the Website and Services; and
  • to assist in identifying possible fraudulent activities.

Your browser can be set to refuse Cookies or delete them after they have been stored. Please refer to your browser's help section for instructions. Please note that deleting these Cookies may reduce your user experience on the Website by requiring you to re-enter certain information, including information required to use the Website, use the Services and make purchases. Furthermore, as we use authentication Cookies, deleting those Cookies may prevent certain functions, including the purchase process, from working at all. Oxio will not be held responsible for any function that may not operate after you delete Cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Your Rights with Respect to Personal Information

You have the following rights with respect to your Personal Information:

  • You have the right to ask us for an overview of your Personal Information that we process;
  • You have the right to ask us to transfer your Personal Information directly to you or to another entity. This applies to Personal Information that we process by automated means and with your consent or on the basis of a contract with you. We will transfer your Personal Information where it is technically feasible;
  • You may ask us to delete your Personal Information if we no longer need it for its original purpose, if you object to us processing your Personal Information for our own legitimate interests or for personalised commercial messages, if you withdraw your consent for processing your Personal Information, if we unlawfully process your Personal Information, or if a law requires us to erase your Personal Information;
  • You can object to us using your Personal Information for our own legitimate interests. We will consider your objection and whether processing your Personal Information has any undue impact on you that requires us to stop doing so. You cannot object to us processing your Personal Information if we are legally required to do so (for example if we are obliged to fulfill a contract with you such as shipping an order);
  • We sometimes use IT systems to make automated decisions based on your Personal Information if this is necessary to fulfil a contract with you or if you gave us consent to do so. You have the right to object to such automated decisions and ask for an actual person to make the decision instead;
  • If your Personal Information is incorrect, you have the right to ask us to rectify it. If we shared such data about you with a third party in compliance with this Policy, it is our obligation to notify this change to the third party;
  • You have the right to ask us to restrict using your Personal Information if in your opinion the information is inaccurate, if we are processing the data unlawfully, or if you have objected to us processing your Personal Information for our own legitimate interests; and
  • Should you not be satisfied with the way we have responded to your concerns, you have the right to submit a complaint to us using the contact information further up in this Policy. If you are still unhappy with our reaction to your complaint, you can also contact the data protection authority in your country.

Please note that deletion of your Personal Information may make it impossible for you to use the Website or the Services.

Risks Associated with the Internet

Despite Oxio' best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Oxio cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.

Limitation of Liability

Oxio, and / or its respective officers, directors, shareholders, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website not in violation of the Policy.

Compliance with Privacy Laws

This Policy and Oxio's practices in general are designed to be in compliance withCanada's Personal Information Protection and Electronic Documents Act (" PIPEDA", S.C. 2000, c. 5) and Quebec's An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

Miscellaneous Provisions.

  1. This Policy, in conjunction with the Website Terms of Use, constitute the entire agreement between you and Oxio with respect to your use of the Website, superseding any prior agreements between you and Oxio.
  2. Oxio shall not be liable for any failure to perform its obligations under the present Policy where such failure results from any cause beyond Oxio's reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
  3. If any provision of the Policy or Website Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Policy or Website Terms of Use, as the case may be, shall remain in full force and effect.
  4. The section titles in the Policy or Website Terms of Use are for convenience only and have no legal or contractual effect.