RILY.CO - PRIVACY POLICY (CANADA)

Current notice effective as of November 14, 2020

This Privacy Policy (this “Privacy Policy”) applies to RILY.CO (the “Site”) as well as in-person interactions and phone and email. The Site is operated by 2700384 Ontario Inc. o/a RILY ( “we,” “us” or “our”). By accessing or using the Site, you agree that your information will be handled in accordance with this Privacy Policy, as may be amended from time to time. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Site. The Privacy Policy is part of and incorporated into the Terms & Conditions for this Site (the “Terms”).

1. Changes to This Privacy Policy

We may revise this Privacy Policy from time to time and when we do so, we will update the date above. We reserve the right to change, modify, add or remove portions of this Privacy Policy from time to time and in our sole discretion. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you. If we make material changes to the Privacy Policy, we will notify you by email or by posting a notice on the Site. Your continued access to the Site Services will indicate your acceptance of our updated Privacy Policy. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.

2. Purpose of this Privacy Policy

The purpose of this Privacy Policy is to inform you about how we collect, use, and disclose the information collected from and about you and other users of the Site. This Privacy Policy also describes the types of information we may collect from you or that you may provide to us through the Site. We will only use your Personal Information (as later defined) in accordance with this Privacy Policy, unless otherwise required by applicable laws. We take steps to ensure that the Personal Information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

3. Definitions

The following definitions apply when these terms are used in this Privacy Policy. If a term is not defined in this Privacy Policy, it is defined in the Terms.

“IP Address” refers to “Internet Protocol Address” and means the unique number that allows computers attached to the Internet to know where to send you data (such as the webpages you view) and where the data that you are sending is coming from.

“Personal Information” means any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Your Personal Information includes, without limitation, your name, address, email address, phone number, IP address, cookie IDs, and device identifiers. Your Personal Information does not include information that we obtain in or transform into an anonymous format which cannot reasonably identify you. However, if we collect Non-Personal Information and link it to your full name or other type of Personal Information, the combination of this data would be “Personal Information.”

“Non-Personal Information” means information that does not directly or indirectly identify you as a specific individual or directly relate to an identified individual, including without limitation anonymous usage statistics including frequency of messaging and interaction with other users, clickstream data other log file data, or social analytics and tracking measurements. We may link your Non-Personal Information to your Personal Information which, in combination, would become, and would be treated as, Personal Information.

“Aggregate Data” is a subset of Non-Personal Information and means Non-Personal Information that we collect about a group or category of customers or Products, and/or statistical or aggregated data that is derived from Personal Information.

To "use" or to "process" information means to handle or utilize the information in any way, including without limitation by subjecting the information to statistical or other evaluation or analysis, or by collecting, storing, modifying, deleting, combining the information (including by using cookies on a computer), or by disclosing and/or transferring the information within our company or among our affiliates, partners or to our service providers within Canada or internationally.

“Products” means mattresses and other products.

4. Types of Information We Collect About You

We collect Personal Information, Non-Personal Information, and Aggregate Data as defined above. The categories of information we or our service providers collect from you include:

  • Name and Contact Information: We may collect your name, email address, postal address, phone number, and for job applicants, we may also collect information regarding your work history, education, veteran status, visa status, and date of birth. Please note that we provide an opportunity for any user to unsubscribe from our mailing lists (which we use for e.g. circulating newsletters or requesting product reviews) or opt-out of contact for marketing and/or customer service purposes on an ongoing basis by accessing our Website, using the unsubscribe mechanism at the bottom of our emails, or emailing: <>.
  • Demographic Information: We may collect demographic information such as age, gender, city, province, and country.
  • Usage Information: We may collect data about how you and your devices interact with the Site and our related services. This usage information could include features you use, the web pages you visit, the products you view, and the search terms you enter. This could also include data about your devices and the network you use to connect to our Site, including IP Address, device identifiers, and data about the performance of the services you use on the Site and any problems you experience with them.
  • Payment Information: We or our service providers may collect information you provide to us in connection with a transaction. This may include your name, email address, phone number, payment information (card number, expiration date and CVV), billing address, and shipping information.
  • Content and Other Information You Provide to Us: We collect additional content and information that you voluntarily provide us, such as when you inquire about one of our Products, or content you submit when you contact us via the Site or by email.
  • Location Information: We may also collect your location (which may include your city, province, postal code and/or IP address) if you expressly consent to us tracking your location through our Site or through other means, or if your Personal or Non-Personal Information indicates a certain geographic location. This information may help us provide recommendations to you based on your location, serve you with advertisements, or direct you to offerings that may be of interest to you and/or are marketed to persons near your location.

A note about fraud: we are aware of identity theft and unlawful practices known as "phishing.” We do not and will not solicit or request your credit card information or national identification numbers in an unsolicited email or telephone communication. If you receive such solicitations or requests that appear to be from us, please contact us at <> or <> before responding.

5. How We Collect Your Information

Information we collect from you.

We will ask you to provide us with certain Personal Information when you purchase a Product from the Site or when you communicate with us about a Product that you have purchased from us. When you make a payment for a Product that you purchase via the Site, you will likely need to provide Personal Information to our service providers (i.e., payment processors), such as your credit card number or PayPal account information. We also collect your email address when you make a purchase online and we may use it for our marketing purposes (subject to our unsubscribe mechanisms, discussed above). We may also collect Personal Information from you if you send us Personal Information in an email, via the chat functionality on the Site, or when you type information into certain fields (e.g., an email address field) on the Site.

We also collect any information that you may choose to post on or via the Site in any public posting areas, such as Postings or other feedback. If you choose to submit any such information, you do so at your own risk and by doing so you acknowledge it will not be confidential. If you do not want people to know certain information (your email address, for example), then do not include it in any message you post publicly. Please be extremely careful when disclosing any information in public posting areas. We are not responsible for use by others of information that you post publicly.

We may ask you to participate in surveys or polls from time to time. If you decide to participate voluntarily, we may ask you to provide certain information, which may include Personal Information.

We may also collect your location if you expressly consent to us tracking your location through our Site or through other means, or if your Personal Information or Non-Personal Information indicates a certain geographic location. This information may help us provide recommendations to you based on your location, serve you with advertisements, or direct you to offerings that may be of interest to you and/or are marketed to persons near your location.

Information we collect from other sources.

We also receive information, including Personal Information, from our service providers, such as joint marketing partners, public databases, publicly available pages on social media platforms and other service providers with whom we work.

We may also combine Personal Information we collect from you with information we receive from our service providers.

Information we collect passively.

For more information on information we collect passively, please review Section VI (Cookies and Other Similar Technologies) below.

6. Cookies and Other Similar Technologies

Cookies. A cookie is a small text or data file that is sent to your browser from a website's computer and is stored on your computer's hard drive. Most browsers automatically accept cookies as the default setting but allow you to block, delete, or pre-approve cookies. However, if you do that, certain websites, including our Site may not work fully or properly (e.g., you may not be able to access or use certain pages, features, or functionality). Some of the cookies that we use may be flash cookies/Adobe cookies, which are more persistent in nature. These cookies may not be deleted when your cookies are deleted. If you are interested in learning more about this, you should check your browser to determine where these types of cookies are stored and how they may be deleted. If you wish to block, delete, or pre-approve the use of cookies, you generally must do so on each computer and browser on which you wish to block, prevent, or pre-approve such cookies.

We use certain service providers in order to better understand our users’ needs and to optimize our Site and experience (e.g., how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.). This enables us to build and maintain our Site with user feedback. These service providers store this information on our behalf in a pseudonymized user profile and they are contractually forbidden to sell any of the data collected on our behalf.

To facilitate the delivery of relevant content, some cookies we use are for ‘Google Analytics’. Those are used to identify how users engage with our Site and to provide us with interest and demographic information regarding Site visitors. We may also use this information to optimize marketing and refine advertising and/or programming strategies. For a complete privacy policy and instructions to “opt out” of Google Analytics’ data aggregation and usage, please see www.google.com/policies/privacy/partners.

Web Beacons. A web beacon is an electronic image, also called a "gif," that may be in the form of a "png" image, as well as iframe, script, input link, embed, object, and other tags that are used to track usage. We may use these web beacons on our Site to deliver cookies, to attribute sales to any advertising media or affiliate partners with whom we may have a relationship, to count visits, to compile statistics about usage, to help determine the effectiveness of promotional or advertising campaigns, and/or in emails that we may send you in order to tell if you have opened or acted on an email that we have sent you.

Pixels. A pixel is a piece of code or an electronic image embedded on the Site (but ordinarily not visible to users) that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page within the Site or clicked on a particular advertisement, to deliver branded services, and/or to help determine the effectiveness of promotional or advertising campaigns.

Server Log Data. When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website. This data may include information such as your IP Address, browser type, the webpage you were visiting before you came to our Site, the pages of our Site that you visit, the time spent on those pages, information for which you may search on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and for general technical administration of the Site, to improve the Site’s functionality and convenience, and to better serve our customers’ needs and preferences. We also may use server log data to verify that Site visitors meet criteria that we have established as necessary before processing their purchases.

We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on the Site and other digital properties. Some content, including advertisements, on the Site may be served by advertisers, third party ad networks, and other advertising companies. Please be advised that such parties may gather information about your visit to the Site or other sites through technologies (such as through cookies, web beacons, and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties, including the technologies they may use. If you would like more information about this practice and to know your choices please visit https://youradchoices.ca/en/ and optout.networkadvertising.org/. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

As noted above, you may block, delete, or pre-approve use of cookies on your computer by adjusting your web browser settings. Such limitations, however, are not effective on mobile applications, though many applications allow users to “opt out” of certain advertisements and other features by adjusting their mobile device settings.

7. How We Use Your Information

We use your Personal Information (in some cases, in conjunction with Non-Personal Information) to communicate with you, to answer your questions, to process and consummate your transactions with us, to deliver Products that you purchased from us, to send you information about Products or services that we think may interest you in accordance with your preferences, to administer promotions, and try to solve any problems that you may encounter relating to the same. We use your Personal Information to personalize your experience on the Site and manage, protect, and improve our Products, services and the Site.

By using the Site, you are authorizing us to gather, parse, and retain data related to the provision of the Site and your interactions with us.

By providing us with your email address, you agree to receive emails from us. However, we will not give your email address to another party to promote their products or services directly to you without your consent.

We may also use your Personal Information for advertising, marketing, and promotions. For example, we may use your information for generating web analytics to compile user information for marketing purposes, advertising, conducting marketing analysis, providing you with recommendations for Products or services based on your profile, and promotional material planning and distribution.

Aggregate Data helps us to understand trends so that we can better consider new Products and services, analyze usage, facilitate payments, or otherwise improve or tailor our offerings. For example, we may collect Aggregate Data about the shopping habits of residents of a particular province (without linking this data to any specific Personal Information about those residents).

If you do not want us to use your information in any of these ways, please use the unsubscribe mechanism at the bottom of our emails and/or email us at <>. If you consent to our providing your email address to a third party to receive their separate marketing communications, please contact the third-party to opt-out of their communications.

8. How We Share Your Information

We may share or disclose your Personal Information to the following categories of entities and for the following reasons:

  • With our affiliated and unaffiliated service providers who are offering products or services that we believe may be of interest to you or who require your Personal Information, for research, administrative, and/or internal business purposes.
  • To affiliated and unaffiliated service providers, for advertising and marketing purposes.
  • To unaffiliated service providers assist us in operating the Site, conducting our business, providing our services to you, and for our marketing and advertising purposes.
  • To law enforcement, government agencies, and other third parties, for complying with the law (or in the good faith belief that such action is necessary), enforcing our website policies, or protecting our or others’ rights, property, or safety.
  • To third parties as part of any direct or indirect corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
  • To service providers (including those engaged as data aggregators) to track and analyze information from our visitors and customers.
  • To protect against potential fraud, we may verify with our service providers the information collected from the Site.

As otherwise described at the point of collection or otherwise pursuant to your express consent.

As noted above, we may use service providers to help us operate and improve the Site and/or transact business (including, without limitation, maintenance services, database management providers, payment processors, or web analytics consultants, etc.). These service providers may also collect or have access to Personal Information from our Site. Such service providers are not authorized to use the Personal Information for any purpose other than to provide the administrative services for which they are responsible. Please let us know via <> if you want a list of such service providers.

In addition, the feature of our purchase process that auto-populates addresses when you begin typing them into our order form implements functionalities that are enabled by Google Maps APIs. By using those features or functionalities, you are bound by Google’s Privacy Policy with respect to those features or functionalities. Google’s Privacy Policy can be found www.google.com/policies/privacy/partners.

We reserve the right to share with service providers, for any reason not disclosed above, any Non-Personal Information, including Aggregate Data. We may do this for any business purposes, including industry analysis, and demographic profiling. Any Aggregate Data shared in these contexts will not contain your Personal Information.

9. Security

The security of your information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. As such, although we do our best to protect your Personal Information, we cannot promise, ensure, or warrant the security of any information that you may provide to us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information (as defined in applicable state statutes concerning security breach notifications) to you via email or conspicuous posting on the Site as promptly as possible, and without unreasonable delay, taking into account the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and/or to restore the reasonable integrity of the affected data system.

10. Compliance with Law and Law Enforcement

We may access, preserve, and disclose your Personal Information, other account information, and content if we believe that doing so is required or appropriate in order to comply with law enforcement requests, other legal obligations, to respond to your requests, or protect yours’, ours’ or other parties’ rights, property, safety, or welfare.

11. Transferring Your Personal Information Internationally

We may process, store, and transfer your Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian laws. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable Canadian privacy legislation. By submitting your personal information or engaging with the Site, you consent to this transfer, storage, or processing.

12. Links to Other Websites, Including Social Media Platforms

This Privacy Policy does not apply to information collected by other websites, including those linked to on the Site. The Site may provide links to other websites. We do not screen, have no control over, and is not responsible in any way for the content or privacy practices of such other websites or the persons or organizations that operate them. Likewise, no link to a third-party website, banner ad, or other advertisement for a third party should be construed as our endorsement, authorization, or indicia of any affiliation between us and such other entity (or such entity’s privacy or information security policies or practices). Other websites may follow different rules relating to the collection, use, and/or disclosure of the personal information you may submit. We encourage you to read the privacy policies or statements of any other websites you visit.

The Site also may contain links to and enable interactivity vis-a-vis certain social media platforms, which may place their own cookies or similar technologies on your device and browser. We neither have influence over the Personal Information collected and processing operations conducted by the providers, nor are we aware of the full extent of Personal Information collection, purposes, or the retention periods. Further details on the purpose and scope of collection and processing by the social media platform provider can be found in the respective privacy policies of these providers, where you will also find further details on your rights and options for privacy protection. Personal Information that you voluntarily disseminate online in any public posting areas (such as a social media platform) may be viewed and used by others without any restrictions. We have no control over or liability relating to any information that you disseminate through a public posting area.

13. Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

14. Children

The Site does not knowingly target children under the age of 13, and we do not knowingly collect Personal Information from any child under the age of 13. No one under age 13 may provide any information to or on the Site. If we learn that any such information has been provided to us via the Site without verification of parental consent, we will delete or destroy it. If you believe that Personal Information about your child or another child under the age of 13 has been transmitted through the Site, please contact us at hello@rily.co.

15. Accessing and Correcting Information

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes. By law you have the right to request access to and to correct the Personal Information that we hold about you.

If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may also send us an email at hello@rily.co to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable laws may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at hello@rily.co.

If you delete your Postings from the Site, copies of your Postings may remain viewable in cached and archived pages or might have been copied or stored by other Site users.

16. Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at <>. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

17. Contact Information

We welcome your questions, comments and questions regarding this Privacy Policy and our related practices. Please contact us at:

Attn: Privacy Officer

At: 199 Bay Street, Suite 2200, Toronto, ON M5L1G4

and/or

hello@rily.co

DATE: 2020-11-14