Privacy Policy

VERSION DATE: March 21, 2022

MEGA Intech Inc. (we/us/our) is committed to protecting and respecting your privacy.

This Privacy Policy applies to our processing of personal data, including through the use of our Apps, software applications, websites and web portal (the “Platform”), in connection with our provision of footwear sizing and fit recommendations (collectively, the “Services”).

This Privacy Policy sets out why we collect personal information about individuals and how we use that information. It explains the legal basis for this and the rights you have over the way your information is used.

We may change this Privacy Policy from time to time. If we make any significant changes we will advertise this on our website or contact you directly with the information. This Privacy Policy was last updated in February 2021.

WHO WE ARE / CONTROLLER

MEGA InTech Inc. will be the controller and responsible for your personal data.

If you have any questions about this Privacy Policy or concerning your personal information, please contact us using our contact details below:

privacy@mega-intech.com

MEGA InTech Inc.
77 King Street West
Suite 400 Toronto
Ontario M5K 0A1 Canada

THIRD PARTY LINKS

Our Platform may, from time to time, provide links to and from the websites of our partners or other third parties. Please note that these websites and any products that may be accessible through them are operated by third parties, and subject to the privacy policies of those third parties. We do not accept any responsibility or liability for these policies or for any personal data that may be collected through such websites or in connection with the purchase or use of such products. Please check these policies before you submit any personal data to these websites or use these products.

WHAT TYPE OF PERSONAL INFORMATION WE COLLECT

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data includes first name, last name, username or similar identifier, password, age and gender.
• Contact Data includes email address.
• Profile Data includes photos and measurements of your feet, your fit preference and sock preference, preferred footwear type and intended usage.
• Transaction Data includes confirmation of any purchases made from one of our retail partners.
• Technical Data includes your internet protocol (IP) address, device identifier, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and similar attributes of the devices you use to access the Platform.
• Usage Data includes information about how you use our Platform, any feedback or non-anonymous survey responses that you may provide, and any other communications with us.
• Marketing and Communications Data includes your preferences with respect to receiving marketing offers from us and our third parties.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific product feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

REQUIRED PERSONAL DATA AND CONSENT

Where we need to collect personal data by law, under the terms of a contract we have with you, or otherwise where necessary to provide you with the Services, and you fail to provide that data when requested, or fail to provide consent to the use of that data, where applicable, we may not be able to provide the Services . In this case, you will not be able to access the relevant product or service.

OPTIONAL PERSONAL DATA, USES AND CONSENT

In some cases, we may collect, use and disclose personal data (and, where applicable, consent to the use of that data), on an optional basis, such as for purposes not required to provide you with the Services. In some cases, you may choose not to provide us with your personal data or consent. In other cases, you may opt-out of the use of your personal data for secondary purposes by contacting us, as set out above at privacy@mega-intech.com. Your ability to receive the Services is unaffected by the choices you make with respect to optional collection, use and disclosure of personal data.

HOW WE COLLECT INFORMATION

We may collect, use, store or transfer information about you in the following ways.

When you:

• visit our website
• enquire about our activities or services
• use our services, including using the Services to produce a fit or product recommendation with respect to a potential purchase from one of our retail partners
• sign up to receive news about our activities
• create or update your profile
• post content onto our website/social media sites
• contact us in any way including online, email, phone, SMS, social media or post

We collect information:

1. From you when you give it to us directly: you may provide your details when you ask us for information, visit our website, download or register for an account to use our app or other products, or contact us for any other reason. Your information may be collected by an organization we are working with on our behalf, but we are still responsible foryour information.
2. When you give it to us indirectly: your information may be shared with us by other organizations, such as when our retail partners confirm with us that you have made a purchase while using our Services. They should only do so in the way they have set out in their own privacy policy which you should check when you give your details.
3. Automatically, when you use our Services: your information may be recorded and stored when you use our Services. See the information about the use of cookies under that heading below.
4. When it is available on social media: depending on your settings or the privacy policies applying for social media and messaging services you use, like Facebook, Instagram or Twitter, you might give us permission to access information from those accounts or services.

HOW WE USE YOUR INFORMATION

We will generally collect, use and disclose your personal information in order to provide you with the Services and to operate our business, including for the purposes set out below:

• to provide you with the Services, including any information or additional services you may request
• to share your footwear fit recommendations with the retailer with respect to which you have sought fit recommendations
• with your consent, to send you communications that may be of interest, including marketing information about our services and activities
• with your consent, to share certain of your personal information with retailers to allow them to provide you with communications that may be of interest, including marketing information about their products and services
• to communicate with you regarding the Services generally, including your use of and satisfaction with the Services, and regarding any changes to the Services, the Terms of Use or this Privacy Policy
• when necessary, to fulfil our obligations under any contract between us
• to seek your views on the services or activities we carry on, so that we can make improvements
• to maintain our organizational records and record an operationalize your preferences
• to analyze the operation of our Platform and your interactions with the Platform, in order to better understand user behaviour and the effectiveness of our Platform
• generally, to understand and analyze the interests, needs and preferences of our users and customers
• to customize, measure and improve our Services
• to verify your identity, as required
• to provide user support and troubleshoot problems, as required
• to protect our interests or those of our users
• as required or otherwise permitted by law

OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION

As may be permitted or required under the privacy or data protection laws that are applicable in the jurisdiction in which you live, we may use your personal information for the purposes set out above because one or more of the following applies:

• where you have provided information to us for the purposes of requesting information or requesting that we carry out a service for you, or so that we can send you communication or to share your information with retailers or other third parties, we will proceed on the basis that you have given consent to us using the information for that purpose, based on the way that you provided the information to us. Subject to applicable law, you may withdraw consent at any time by emailing us at privacy@mega-intech.com or using the relevant in-app facility. This will not affect the lawfulness of processing of your information prior to your withdrawal of consent being received and actioned;
• it is necessary for us to hold and use your information so that we can carry out our obligations under a contract entered into with you or to take steps you ask us to prior to entering into a contract;
• where the purpose of our processing is the provision of information or services to you, we may also rely on the fact that it is necessary for our legitimate interests in relation to providing the information or service requested, and given that you have made the request, this would indicate that there is no prejudice to you in our fulfilling your request unless you tell us otherwise;
• for our legitimate interest in relation to the following where these do not affect your interests or fundamental rights and freedoms:
  • to conduct and manage our business;
  • to enable us to carry out our services and operate the Platform and Services;
  • to ensure our Platform is secure (for example, by conducting security penetration tests to ensure our security tools are effective);
  • to analyze, improve and update our services for the benefit of our customers;
  • to deal with complaints;
  • to detect and prevent fraud;
• it is necessary to comply with our legal obligations (other than under a contract);
• it is necessary to protect your or another individuals’ vital interests;
• we have otherwise obtained your consent;
• as otherwise permitted by applicable law.

MARKETING

You have the right to withdraw consent to receiving marketing communication from us at any time by contacting us. If you want to contact us about your marketing preferences please contact privacy@mega-intech.com or click the “unsubscribe” link in any electronic marketing communication that you may receive from us.

If you ask us to stop contacting you with marketing materials, we will keep a record of your contact details and limited information needed to ensure we comply with your request.

WHO HAS ACCESS TO YOUR INFORMATION?

The following persons or entities will have access to your information:

• Footwear retailers who have directed you to us or to whom you have directed us in order to support them providing the correct sized footwear to you
• Third parties who provide services to us or on our behalf, such as hosting and data storage providers, technical support and legal and consulting services. We select our third-party service providers with care and take measures to ensure the appropriate handling and protection of personal data in their hands. We provide these third parties with only the data necessary to provide the services for which they were engaged
• Analytics and search engine providers that help us to improve our website and products and their use

We may transfer your personal information to third parties where reasonably required in the context of a sale, merger, reorganization or amalgamation of all or part of our business or the insurance of securitization of our assets. In any such case, the recipient parties will be contractually required to keep the information confidential and use it only for the purposes of the transaction, or proposed transaction, in question. In the event a business transaction is completed, assignees or successors of our business or assets may use and disclose your personal information, as obtained from us, only for the purposes set out this Privacy Policy, unless your further consent is obtained.

We may also disclose your personal information to relevant third parties for the purposes of fraud prevention and credit risk reduction, or to otherwise establish, exercise or defend our legal rights or those of our users, or as otherwise required or permitted by applicable law.

INTERNATIONAL TRANSFERS

We may transfer your personal data outside of your country of residence, to our locations in Canada or the United States, or to our service providers around the world, where local privacy and data protection laws may differ from those in your home country.

For residents of the UK and/or EEA, whenever we transfer your personal data out of the UK and/or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission and/or the UK.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EU or approved by the UK Government which give personal data the same protection it has in the UK.

For residents of Canada and the United States, when we transfer your personal data outside of your country or residence, we ensure a similar degree of protection is afforded to your data by taking contractual and other measures to ensure that your data is kept confidential, used only for the purpose of providing the Services and protected by security safeguards appropriate to the sensitivity of the information.

COOKIES, TRACKING TECHNOLOGIES AND INTEREST-BASED ADVERTISING

When you use our Platform, we may use certain automated tools to provide you with a more personalized browsing experience, better understand your needs, provide you with content that is most relevant to you and monitor trends respecting the usage of our site and apps.

Our websites use a technology called “cookies”. A cookie is a small text file stored on your device that identifies your browser/device/IP address – but not you as an individual – to our computers each time you visit one of our websites. More information about cookies can be found at https://en.wikipedia.org/wiki/HTTP_cookie.

We use cookies and/or other tracking technologies to distinguish you from other users of our website and apps; to identify the eCommerce site from which you may have been referred and return you to that site for purchase; to remember your preferences; and to help us develop statistics that allow us to better understand our users and the operations of our Platform. This helps us to provide you with a good experience when you use them and also allows us to improve them. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies. see our cookie policy.

Some of our associated companies may themselves use cookies on their own websites. We have no access to, or control of these cookies, should this occur.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website or apps may become inaccessible or not function properly.

We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on our websites or apps (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the convenience of the websites. For more information or to opt-out, see “How Google uses data when you use our partners’ sites or apps” and “Google Analytics and Privacy”.

RETENTION OF PERSONAL DATA

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collect it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you, or other reasons we believe would warrant a longer retention period.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data. See “Your Rights” below for further information.

YOUR RIGHTS

Depending on the jurisdiction in which you live, you may have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you are not happy with the way in which we have processed or dealt with your information, you can complain to the relevant privacy or data protection authority for your jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach your supervising authority so please contact us in the first instance.