Legal

Legal Information

All legal documents are listed below.

1. Terms & Conditions

These Terms and Conditions apply to the use of the consumer Gift Cards and Gift Card Numbers (including, but not limited to, DINE, EATZ, PLAY, BIRTHDAY).

Consumer Gift Cards and Gift Card Numbers are wholly owned and operated by AnyCard, a company registered in Saskatchewan, Canada.

For the purposes of these Terms ‘we’ and ‘us’, refer to AnyCard and ‘you’ and ‘your’ refer to you the user (of a consumer Gift Card and Gift Card Number) and ‘Gift Card’ and ‘Gift Cards’ refer to any AnyCard owned consumer Gift Card and Gift Card Number.

If you have any questions regarding the Terms and Conditions, please email us at choicecards@anycard.co.

2. Using and Registering your Gift Card

2.1. Gift Cards only have value until activated by cashier.

2.2. For security reasons there is up to a 24-hour delay from point of payment at cash register to the card being active.

2.3. Gift Cards can only be redeemed at anycard.ca/choice.

2.4 Gift Cards cannot be exchanged for cash, credit or used in-store.

2.5 Gift Cards do not expire.

2.6. Gift Card Numbers cannot be replaced if they are lost, damaged (including partial or full removal of the security scratch panel), stolen.

2.7. To ensure the very best product and customer experience, we may add or remove retailers taking part in this program from time to time, even if they are featured on the front of the Gift Card.

2.8. Each Gift Card has a unique Number.

2.9. The Number will normally be activated and ready for use on the website within 24 hours of purchase.

2.10. The Number can be revealed by removing the scratch panel on the back of your card using the edge of a coin. Do not press too hard. If the Number is damaged or partial obscured, it will not be possible to replace. The Number can then be used to register your Gift Card, and then you can progress with your Order on the website.

2.11. The use of the Number is subject to these Terms, as may be varied by us from time to time. Purchase of a Gift Card and the registration, or attempted registration, of the Gift Card Number constitutes your acceptance of these terms.

2.12. As part of the registration process you will be required to provide your name, a password and a valid email address to where we can send your Order. You are responsible for providing a valid email address and for monitoring that email address for delivery.

2.14. The Gift Card Number and the Gift Card belongs to us and cannot be exchanged for cash.

2.15. We cannot be held responsible for any loss, theft or unauthorised use of the Gift Card itself or Gift Card Number.

2.16. We reserve the right to take appropriate action where, in our opinion, we believe that there is a risk of fraudulent activity or where we have legal or other justifiable reason. Such action may include but is not limited to the cancellation or suspension of the Gift Card Number. Such action does not affect your legal rights.

2.17. At all times you agree to protect the Gift Card and Gift Card Number, treat it as cash and take all reasonable care to ensure that it is not lost, stolen or mislaid.

2.18. Once your Gift Card Number has been registered, and accepted by us, you are then able to proceed and place your Order.

3. Placing your Order

3.1. Once you have registered your Gift Card you may then proceed to place your Order.

3.2. Orders may only be placed on the website printed on the Gift Card. You cannot directly take and spend your Gift Card in any retailer store or shop.

3.3. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.4. You can place your Order by exchanging your registered Gift Card for retailer e-gift cards (‘products’) from a participating retailer or retailers. A list of participating retailers is published on the website and may be amended from time to time.

3.5. Orders will only be fulfilled by us by sending your Order to your designated email address, normally within 1 business day of receiving your Order. We are not able to fulfill Orders in any other manner.

3.6. On receipt, you will be solely responsible for inspecting the product or products received. If there are any discrepancies, you must inform us as soon as possible and within 3 business days. If any products you receive are faulty or defective, you should advise us as soon as is reasonably practical.

3.7. We will not be responsible for any failure or delay in providing products to you where this happens because you have provided inaccurate or incomplete information.

3.8. We may make changes to the list of participating retailers or their products to reflect availability, legal or regulatory requirements, or, if at our discretion we reasonably decide or believe that we no longer wish to trade with the retailer or to offer their products.

3.9. We will make every effort to ensure that the details of products offered are accurate. Such products remain subject to availability and some details remain at the discretion of the participating retailer.

3.10. The images of all products are for illustrative purposes only and whilst we will make every effort to display images and colours accurately, there may be slight variations.

3.11. In the event of a retailer gift card or retailer e-gift card issuer becoming insolvent some or all of the funds may not be available to spend. There is no obligation on us to replace or exchange any products in such circumstances.

3.12. AnyCard agrees to supply you with the e-gift cards you select subject to availability. In the unlikely event that we are unable to fulfil your Order with your chosen product, we will advise you as soon as is reasonably possible. AnyCard does not guarantee the availability of the brands listed, which may change without notice.

3.13. Once you have placed your Order and received your chosen product or products, these Terms will cease to apply and the terms and conditions of the participating retailer will come into effect.

3.14. Once a gift card has been purchased it is not possible to obtain a refund from AnyCard or the retailer where the gift card was purchased. Please see retailers’ own Terms & Conditions of Sale for further information.

4. Problems and Complaints

4.1. Should you have any questions or complaints about the products then please email us at choicecards@anycard.co. Alternatively, you can write to us at Anycard, 2020 Winston Churchill Drive, Suite 200, Oakville, Ontario L6H 6X7.

5. General

5.1. We are under a legal obligation to supply Gift Cards in line with these terms and conditions. Nothing in these terms will affect your legal rights.

5.2. We will not be liable for any claims in the supply of Gift Cards or products to you unless we are negligent in our duty. In any event we will not be liable for any consequential loss except as required by law.

5.3. We only supply Gift Cards for your domestic and personal use. If you use Gift Cards for any commercial, business or re-sale purpose we will have no liability to you whatsoever.

5.4. If a court finds that any part of this contract is illegal, the remainder of this contract will continue in force.

5.5. We take all reasonable precautions to keep details of your purchase and Order secure and will adhere to our published Privacy Policy and our legal responsibilities for data security and the protection of your information. Unless we are negligent, we are not liable for losses as a result of any unauthorised access to information provided by you.

5.6. We will not sell or supply any information provided by you to any third party for any purpose other than the processing and redemption of your Gift Card or your Order.

5.7. These terms are governed by English Law and the exclusive jurisdiction of the English Courts.

6. Data Protection

AnyCard ensures that data is:

· used fairly, lawfully and transparently

· used for specified, explicit purposes

· used in a way that is adequate, relevant and limited to only what is necessary

· accurate and, where necessary, kept up to date

· kept for no longer than is necessary

· handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

101273926 Saskatchewan Ltd. dba Anycard

2020 Winston Churchill Drive, Suite 200

Oakville, Ontario L6H 6X7

At Anycard, we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Anycard collects from or about you, as well as how we use and to whom we disclose that information. Please review this entire document carefully.

It is Anycard’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws, as applicable.

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

What Is Personal Information?

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

What Personal Information Do We Collect?

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

contact and identification information, such as your name and e-mail address;
product and service-related information concerning the products and services that we provide to, or receive from, you; and
business relationship information, including information related to your agreements, preferences, advisors, and suppliers, feed-back and information requested by or provided to you.

We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. We may also collect information related to our media, investor and public relations activities, and information related to our interactions with financial and other advisors.

Anycard’s operations include activities related to the development and provision of an electronic gift card marketplace. As such, Anycard may also collect personal information from individuals participating in and / or impacted by those activities.

As a general rule, Anycard collects personal information directly from you. In most other circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).

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

Our Website

We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

We may place a "cookie" on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the website.

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

Why Do We Collect Personal Information?

Anycard collects personal information to enable us to manage, maintain, and develop our operations, including for example:

to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
to enable you to register and access an account with us;
to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;
to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
to protect Anycard against error, fraud, theft and damage to our goods and property;
to enable us to comply with applicable law or regulatory process; and
any other reasonable purpose to which you consent.

How Do We Use and Disclose Your Personal Information?

We may use or disclose your personal information:

as permitted or required by applicable law or regulatory requirements;
for the purposes described in this Privacy Policy; and
for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

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

When do we Disclose Your Personal Information?

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

For example, we may share your personal information from time to time with our third-party information technology and data processing service providers so that we may operate our business. As a result, your personal information may be collected, used, processed, stored or disclosed in the United States.

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

Finally, your personal information may be disclosed:

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

Your Consent is Important to Us

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

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

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

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

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

How is Your Personal Information Protected?

Anycard will endeavor to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.

The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

Updating Your Personal Information

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

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

Access to Your Personal Information

You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.

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

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

Inquiries or Concerns?

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

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

101273926 Saskatchewan Ltd. dba Anycard

2020 Winston Churchill Drive, Suite 200

Oakville, Ontario L6H 6X7

choicecards@anycard.co

Revisions to this Privacy Policy

Anycard, from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website, and we encourage you to refer back to it on a regular basis.

Interpretation of this Privacy Policy

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

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

This Privacy Policy was last updated on September 12, 2022.