PRIVACY STATEMENT
Your privacy is important and protected. The company and our affiliates, partners and nominees, and independent third parties (including independent third party lenders 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. This Privacy Statement describes how the company and our affiliates, partners and nominees, 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, and other products and services.
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 and nominees, and independent third parties (including independent third party lenders 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 and as otherwise 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 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 and nominees, 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 and nominees, 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 and nominees, 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 and nominees, or independent third parties.
The company or our affiliates, partners and nominees, or independent third parties (including independent third party lenders and independent third party financial , technology and service providers) 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 and other persons, including those you have explicitly or implicitly authorised to contact you or us.
The company or our affiliates, partners and nominees, or independent third parties may automatically collect information concerning your use of our websites, 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 and nominees, 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 and 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 and nominees, or independent third parties refer you to an independent third party business for a proposed transaction, then we or they may collect 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 and nominees, 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, partner and nominees, or independent third parties (including independent third party lenders and independent third party financial, technology and service providers) 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. 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 and other information is vital in the analysis and strategy to: offer and provide programs, products and services; and offer and provide access to automobile, consumer goods, credit, financial including, furnishings, and any other products and services to you now or in the future.
The company or our affiliates, partners and nominees, or third parties (including independent third party lenders and independent third party financial, technology and service providers) may use this information for general and customized financial, credit and market analysis and research for you; and for the marketing to you of information, memberships, products, programs, and services from the company or our affiliates, partners and nominees, or independent third parties.
This personal and other information allows the company or our affiliates, partners and nominees, or independent third parties to administer our relationship with you, and to manage your relationship with us, 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; 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 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 and nominees, or independent third parties 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 and nominees, or independent third parties (including independent third party lenders 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 and as permitted by applicable law. We may disclose your personal, financial, technical and other information in accordance with the express or implied consent that you provide during your interactions and transactions with the company or our affiliates, partners and nominees, or independent third parties. If we refer you to an independent third party business for a possible transaction, then we may disclose your personal, financial, technical and other information to facilitate that transaction, 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 is not subject to this 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 to us 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 and nominees, or independent third parties 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 and nominees, or independent third parties may disclose your personal, financial, technical and other information in connection with a proposed or actual business transaction in which we are involved including or such as a corporate amalgamation, reorganization, merger or acquisition; or the sale or transfer of some or all our business entities, transactions or assets; but you will either consent to this or we will 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.
Where is Personal Information Processed, Transmitted, Stored and Used?
The company or our affiliates, partners and nominees, or independent third parties including third party lenders 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. By providing your information to the company or our affiliates, partners and nominees, or independent third parties, you consent to: the transfer and transmittal of the personal and other information to 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 and nominees, or independent third parties (including independent third party lenders 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, 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 and nominees, and independent third parties, including independent lenders 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 and nominees, and independent third parties (including third party lenders 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 us 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 and nominees, and independent third parties (including third party lenders and independent third party financial, technology and service providers such as Flinks and NICE inContact) create and collect non-personal information (including financial and technical information) that is not about an identifiable individual, including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. We may use, disclose, transfer and retain non-personal information 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.
Independent Businesses
Websites and communications from the company and our affiliates, partners and nominees, and from independent third parties 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 and nominees, 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 these independent third party businesses. If you have questions about how these independent businesses collect, use, disclose or retain personal or other information, please contact that business.
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 or nominees, and independent third parties, 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 October 15, 2019.
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 and nominees, and any independent third party (including third party lenders 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 and nominees, and 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 any other means specified in our Sites.
O Mattress™ Canada
Suite 1000, 940 6 Avenue SW,
Calgary, Alberta, T2P 3T1
Canada
Phone: 1-877-910-6664
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