CASL AND PRIVACY STATEMENT

Your privacy is important and protected. The company and our affiliates, partners, nominees, service providers, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) are committed to providing you with excellent service, maintaining a high level of security, and respecting your right to privacy. Service providers are organizations, including parent companies, subsidiaries, affiliates, contractors or subcontractors, that provide services to us or on behalf of us to assist us in fulfilling our business transactions, business and commercial activities, and legitimate business and commercial needs.

The CASL and Privacy Statement(the “Privacy Statement”) describes in plain language how the company and affiliates, partners, nominees, service providers and independent third parties may collect, use, disclose and retain personal and other information from you and about you, during your visits to websites, or through social media, mobile phone, and telephone calls, and when providing independent third party lending, financial, technology, other products and services, business transactions, business and commercial activities, and legitimate business and commercial needs.

Your Consent

By providing your personal, financial, technical and other information, you consent to the collection, use and disclosure and retention of that information by the company and our affiliates, partners, nominees, service providers and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) (collectively referred to in Privacy Statement as “we” and “us”) in accordance with this Privacy Statement, for the purposes of business transactions, business and commercial activities, and legitimate business and commercial needs, and within province, between provinces, and internationally and as permitted by applicable law. Internet, email and telephone use and communication is subject to interception, loss and alteration. You agree and acknowledge that we shall not be responsible for any damages that you may suffer as the result of the transmission of confidential, personal or sensitive information over the internet, email or telephone; and that all such communications will be at your own risk. You may withdraw your consent at any time, subject to legal and contractual restrictions and upon reasonable notice to us. However, you may not then be able to proceed with all intended interactions and transactions or receive the full benefit of the product and services of the company, and our affiliates, partners, nominees, service providers and independent third parties.

What Personal Information is Collected Online?

In this Privacy Statement, personal information means information about an identifiable individual, such as their name and email address, but does not include (to the extent permitted by law) information that is available in a telephone or online directory, or information that is business contact information allowing an individual to be contacted at their place of business. You may be asked to voluntarily give your personal, financial, technical and other information to the company and our affiliates, partners, nominees, service providers, and independent third parties when you: request further information or a call back; make an application; apply for an account; subscribe to a newsletter or information feed; register to receive information; apply or register for or order a product or service offered by the company or our affiliates, partners, nominees, service providers, or independent third parties; or use a product or service provided by or that you are referred to by the company or our affiliates, partners, nominees, service providers or independent third parties, or to apply and operate as our affiliate.

For a loan or other credit facility, third party lenders such as SkyCap Financial may obtain information and reports about you from credit reporting agencies and other lenders at the time of your application and any time during your application and on an ongoing basis to review and verify your creditworthiness, establish credit and hold limits, provide and deliver a product or service you requested, prevent or reduce commercial risk, reduce commercial risk; and for the purposes of actual or prospective business transactions, business and commercial activities, and legitimate business and commercial needs. You may choose not to have the third party lender conduct a credit check in order to assess an application for credit, but the financing may not be offered. Once you have such a loan or other credit facility with the third party lender, that lender may from time to time disclose your information to other lenders and credit reporting agencies seeking such information, which helps establish your credit history and supports the credit granting and processing functions in general, and for the purposes of business transactions, business and commercial activities, and legitimate business and commercial needs. If you have a credit product with the third party lender, you may not withdraw your credit consent.

The company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial , technology and service providers such as Flinks and NICE inContact) may collect personal information about you from the information you provide to us when you fill out an application, or from other forms and software on our websites and other websites, and linked or related websites, social media accounts, feeds, pages or postings. We collect personal and other information about you: when you fill out an application or other forms or weblinks on our website, when you register through registration web pages, each time you update your personal profile, or when you chat, email, text or speak with us. We may receive personal and other information from your transactions with the company and our affiliates, partners and nominees, and independent third parties. We may receive personal and other information about you from credit and consumer reporting agencies, independent businesses, independent third parties including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact, and other persons, including those you have explicitly or implicitly authorised to contact you or us, and for the purposes of business transactions, business and commercial activities, and legitimate business and commercial needs.

The company and our affiliates, partners, nominees, service providers, or independent third parties may automatically collect information concerning your use of our and their websites and webpages, social media, mobile phones, and online services, such as: the dates, times and locations that you access the websites, online services, browsers, operating systems, software; cellular and computer devices that you use to access the websites, social media, online, mobile and telephone services; and other details of your use of the website, online, mobile and telephone services. Much of the information that is automatically collected is non-personal information as it does not identify you, and the company or our affiliates, partners, nominees, service providers, or independent third parties will deal with that information as explained in this Privacy Statement or their privacy policies, unless applicable laws require otherwise.

When you apply, register, request, and subscribe for or order or use products and services from the company, and our affiliates, partners, service providers, nominees, or independent third parties, depending the nature of your application, registration, request or subscription or the product or service, the personal and other collected information may include: your name, birthdate and address; your Social Insurance Number; locational information; telephone numbers; email addresses; social media identity, memberships, webpages and networks; banking and financial information; credit card numbers; credit histories, reports and scores; consumer and debt history; as well as other additional personal and identifying information. If the company, or our affiliates, partners, nominees, service providers, or independent third parties refer you to an independent third party business for a proposed transaction, then we or they may collect credit, personal, financial, technical and other information and reports from that independent business regarding the transaction to update your profile for use by the company or our affiliates, partners, nominees,  service providers, or the independent third parties in the manner set out in our Privacy Statement.

Why is Personal Information Collected?

If you fill out an application or other form or program on the websites, by social accounts or platforms, or through your mobile phone or telephone, the company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may ask for personal and other information to: help us communicate with you, evaluate your eligibility, financial and credit status, and understand the information, membership, program, product or services that may be right for you, and for the purposes of business transactions, business and commercial activities, and legitimate business and commercial needs. We will also obtain other information about you from other sources that you authorize us to contact, or from public sources.

Your personal, financial, credit, technical and other information is vital in the analysis and strategy to: offer and provide programs, products and services; offer and provide access to automobile, consumer goods, credit, financial including  furnishings; and offer any other products and services to you now or in the future.

The company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may use this information for you for general and customized financial, credit and market analysis and research and the purposes of business transactions, business and commercial activities, and legitimate business and commercial needs; and for the marketing to you of information, memberships, products, programs, and services from the company or our affiliates, partners, nominees, service providers, or independent third parties.

This personal and other information allows the company or our affiliates, partners, nominees, service providers or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) to administer their relationship with you, and to manage your relationship with them, subject to applicable law including to: contact you regarding those matters; facilitate your interactions and transactions with us including processing your requests, orders and payments; for purposes of business transactions, business and commercial activities, and legitimate business and commercial needs; obtain information and reports about you from credit reporting agencies and other lenders at the time of your application and any time during your application and on an ongoing basis to review and verify your creditworthiness or establish credit and hold limits and from time to time disclose your information to other lenders and credit reporting agencies seeking such information; provide products and services to you; process and respond to your inquiries, requests and other communications; provide you with information regarding us and our products and services and additional products and services that may be offered by independent third party businesses; if applicable, administer and facilitate your participation in contests, sweepstakes and promotions; maintain, protect and improve our products and services and offer new products and services; protect and enforce all legal rights, interests and remedies; protect our business transactions, business and commercial activities, needs and operations and other independent third party businesses; and assist in collecting, using, disclosing, retaining and protecting your personal and other information in accordance with this Privacy Statement.

The company or our affiliates, partners, nominees, service providers or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may use interest-based advertising services (sometimes called re-marketing or re-targeting) provided by independent third parties such as Google and Facebook to display advertisements on other websites and social media websites visited by users of our websites. Advertising vendors use cookies, pixels and tokens, which are unique identifiers of a web browser on a specific computer that are installed on the computer, when they access our website to display ads.

How We Disclose Personal Information

The company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may disclose your personal, financial, technical and other information and other information for purposes relating to or arising from your relationship and transactions with us and them, as otherwise set out in this Privacy Statement, for the purposes of business transactions, business and commercial activities, and legitimate business and commercial needs, and as permitted by applicable law. We may disclose your personal, financial, technical and other information in accordance with the explicit or implied consent that you provide during your interactions and business transactions with the company or our affiliates, partners, nominees, service providers or independent third parties. If we refer you to an independent third party business for business transactions, business and commercial activities, and legitimate business and commercial needs and possible transactions, then we may disclose your personal, financial, technical and other information to facilitate that interaction and business transactions, but we have no control over, responsibility or liability for the use, disclosure, or retention of the disclosed personal and other information by the third party independent business, and that the use, disclosure and retention of the disclosed information by the independent third party business may not be subject to this Privacy Statement but may be governed by their privacy statement. We may also disclose your personal, financial, technical and other information to independent third party lenders and independent third party financial, technology and service providers to assist in the provision of information, products and services to you; and so that they can provide services that assist us in using your information as set out in this Privacy Statement and as permitted by applicable law.

The company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may disclose your personal, financial, technical and other information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. We may disclose your personal and other information to government, law enforcement and national security agencies, other independent organizations, or other persons if we reasonably believe the disclosure is necessary, required, or appropriate in connection with agencies or organizations or persons or other issues of public importance; or if we reasonably believe the disclosure is necessary, required or appropriate to: protect and enforce our legal rights, interests and remedies; protect the rights, interests, business, operations or customers of other parties, including to detect and prevent fraud and other illegal activities; enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of our products or services. We have no control over, or responsibility or liability for, the use, disclosure or retention of your personal, financial, technical and other information by the government, law enforcement and security agencies or independent organizations or other persons to whom we disclose the information in the foregoing circumstances; and the use, disclosure and retention of the disclosed information by those agencies, organizations or persons is not subject to this Privacy Statement.

The company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may disclose your personal, financial, technical and other information in connection with a proposed or actual business transaction in which they are involved and business transactions, business and commercial activities, and legitimate business and commercial needs: including corporate amalgamation, reorganization, merger or acquisition; or the sale or transfer of some or all our business entities, transactions, assets, debts, financing, loans; but you agree to provide your advance consent to this, and we may also require the information recipient to agree to protect the privacy of your personal, financial, credit or other information in a manner that is consistent with this Privacy Statement and applicable law.

The company or our affiliates, partners, nominees, service providers, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may directly or indirectly use automated decision systems and automated decision-making systems to assist or augment the judgement of human decision makers, using techniques such as rules-based systems, regression analysis, predictive analytics, machine learning, deep learning, and neural nets. You provide your explicit consent to the use of automated decision systems and automated decision-making systems.

The company or our affiliates, partners and nominees, or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may not be able to disclose information in response to your request if : the information is protected by solicitor-client privilege, litigation privilege, disclosure would reveal confidential commercial information, disclosure would threaten the life or security of an individual, the information was collected for an investigation including into a breach of an agreement or contravention of a federal or provincial law, or the information was generated in the course of a formal dispute resolution process.

Where is Personal Information Processed, Transmitted, Stored and Used?

The company or our affiliates, partners, nominees, service providers or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may process, transmit, store and use your personal, financial, technical and other information at data facilities, infrastructures and services located in various countries including: Canada, the United States of America, and countries in Europe or Asia. The personal information protection and privacy laws of those other countries might be different from the laws of the jurisdiction in which you reside; and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your information without notice. We may transfer personal information to service providers, which are organizations, including parent companies, subsidiaries, affiliates, contractors or subcontractors, that provide services on or behalf of us to assist us in fulfilling business transactions, and commercial and business activities and needs, which transfers may not require your consent or knowledge. By providing your information to the company or our affiliates, partners, nominees, service providers, or independent third parties, you consent to: the transfer and transmittal of the personal and other information to service providers, data facilities, infrastructures and services located in other countries; and the processing and storage of your information at those facilities, infrastructures and service locations.

Retention of Personal Information

The company or our affiliates, partners, nominees, service providers or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may retain your personal, financial technical and other information for the period reasonably necessary for the purposes set out or referenced in this Privacy Statement, for business transactions, business and commercial activities, and legitimate business and commercial needs, and to comply with our legal obligations or enforce or protect our legal rights, for the longer of the period required or as permitted by applicable law. We will delete or dispose of your information when we are no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Statement.

Protection of Personal Information

The company and our affiliates, partners, nominees, service providers, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) use reasonable safeguards – including administrative, physical and technical security and safeguarding measures appropriate to the sensitivity of your information in our possession or under our direction or control – to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. Nevertheless, security risks cannot be entirely eliminated, and we cannot guarantee that your personal information will not be used, disclosed or deleted in ways not otherwise described in this Privacy Statement.

Accuracy and Access to Personal Information

The company and our affiliates, partners, nominees, service providers, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) rely on you to ensure that your personal, financial, technical and other information that you provide to us is as accurate, complete and up to date as necessary for the purposes for which we use that personal and other information. You agree to promptly notify us of any changes to your personal and other information using the procedures made available for that purpose by contacting us. You may reasonably request access to your information collected by us, and information about our use, disclosure and retention of that personal and other information by submitting a written request. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your information, and you will be entitled to verify the accuracy and completeness of your information and be able to have the information revised as appropriate. You may be required to pay a reasonable fee for access to your personal information. We may decline to process your information request if it is unreasonably repetitive or large, frivolous, vexatious, or impracticable; that infringes or jeopardizes the privacy of other persons; or for other reasons permitted by applicable law.

Consent to Electronic Communication

By consent to this Privacy Statement, you consent to receiving electronic communications from the company and our affiliates, partners and nominees, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) by email, telephone, chat or any other means determined by us in our sole discretion; and consent to the monitoring or recording by any means of these communications between you and us for quality assurance, security or other business purposes. Further, you consent to us electronically communicating with you by email, telephone, chat or any other means determined by us in our sole discretion at any time or any location.

Other Information

The company and our affiliates, partners, nominees, service providers, and independent third parties company and our affiliates, partners and nominees, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) create and collect non-personal and de-identified information (including financial and technical information) that is not about an identifiable individual, including personal information that has been aggregated or otherwise de-identified or de-personalized so that the information no longer relates to an identifiable individual. We may use, disclose, transfer and retain non-personal and de-identified information for business transactions, business and commercial activities, legitimate business and commercial needs, internal research and development, socially beneficial purposes, and for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then we will treat the combined information as personal information for the purposes of this Privacy Statement, for as long as the personal and non-personal information is combined.

Governing Laws and Courts

Subject to applicable laws, this Privacy Statement shall be solely governed and construed in accordance with the laws of the Province of Alberta, and subject only to the exclusive jurisdiction of the Courts of the City of Calgary in the Province of Alberta, and no other courts. Before seeking recourse to the Courts of the City of Calgary, you agree to use reasonable efforts to resolve any concern, claim or dispute with us by any and all of arbitration, mediation and negotiations.

Independent Businesses

Websites and communications from the company and our affiliates, partners, nominees, service providers, and independent third parties financial , technology and service providers (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) including emails, texts, chats and messages, may include advertisements for products and services offered by independent third party businesses; or contain links to websites, webpages, social media, and online platforms operated by other independent third party businesses. The company and our affiliates, partners, nominees, service providers and independent third parties have no responsibility for, liability for, or control over those other websites, webpages, social media, mobile and online services; for other independent third party businesses, their products or services; or for their collection, use, disclosure or retention of your personal, financial, credit and other information. This Privacy Statement does not apply to the collection, use, disclosure and retention of your personal or other information by websites, webpages, social media, mobile and online services of any or all of these independent third party businesses. If you have questions about how these independent businesses may collect, use, disclose or retain personal or other information, please directly contact these businesses.

Disclaimers, Limitations and Disputes

The agreements (including but not limited to any agreements or Website Terms of Use) that you accept when you apply, register for, order or use our products or Services or Software or Sites contain important provisions, including provisions disclaiming, limiting or excluding the liability of the company and our affiliates, partners, nominees, service providers, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact), and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions in any agreement or in the Website Terms of Use applies to any dispute that may arise in relation to the Privacy Statement, or the collection, use, disclosure and retention of your personal and other information; and are of the same force and effect as if they had been reproduced directly in this Privacy Statement.

Changes to this Privacy Statement

The company may change the Privacy Statement from time to time by posting a new version of this Privacy Statement on the Sites. Our collection, use, disclosure and retention of your personal, financial, technical and other information will be governed by the latest version of this Privacy Statement in effect at the time. When we post modifications to the Privacy Statement, the revised Privacy Statement will be effective immediately on posting. Your continued dealings with us after the date of any change to this Privacy Statement signifies your consent and agreement to abide by and be bound by the collection, use, disclosure and retention of your personal and other information as set out in the revised Privacy Statement. We encourage you to periodically review the Privacy Statement for the latest information on our privacy practices.

Date of Last Revision to O Mattress™ Privacy Statement is April 22, 2021.

English Language

All persons agree that the Privacy Statement is only written in the English language.
Toutes les personnes conviennent que la Déclaration de Confidentialité est seulement écrit dans la langue anglaise.

CANADIAN ANTI-SPAM LEGISLATION POLICY (CASL)

By checking the Privacy Statement and CASL Policy Box on our Sites and submitting your request to us, you are authorizing the company and our affiliates, partners, nominees, service providers, and any independent third party (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) to communicate with you via email, social media, text message, telephone, and fax or any other form of electronic and internet based method via computers, smart phones, mobile or hand held devices, or telephones. We may send messages to our customers in relation to the company’s services, programs, programs, offers, promotions or those of our affiliates, partners, nominees, service providers or independent third parties. You are welcome to unsubscribe anytime by either clicking the Unsubscribe button on any of our emails, by directly contacting us by phone, mail or email, or by providing reasonable notice by any other means.

Privacy Management Program
O Mattress™
Canada
540 333 5th Avenue SW,
Calgary, Alberta, T2P 3B6
Canada
Phone: 1-877-910-OMNI (6664)