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GROUP RFX LTD. PRIVACY POLICY ("Privacy Policy")

Date of last revision: November 30, 2011

COMPLIANCE WITH LEGISLATION

Group RFx Ltd. ("Group RFx" or "we") is compliant with the federally legislated Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") and other privacy legislation that may be applicable from time-to-time, such as the Personal Information Protection Act (Alberta). This legislation has been designed to protect you and your Personal Information (as defined herein). Due to the possible provincial trans-border flow of information, we have based our Privacy Policy on the more stringent privacy principles included in PIPEDA.

OUR COMMITMENT TO YOUR PRIVACY

Group RFx is committed to protecting your privacy. We adhere to the following principles to protect your privacy:

  • We do not rent, sell, or otherwise provide your Personal Information to third parties without your consent, except as described in this Privacy Policy or as required by law.
  • We do not share any Personal Information you have not chosen to display on your Website (as defined herein) profile to other parties, unless directly by you to do so, unless compelled by law, or as necessary to enforce our Website Terms of Use or to protect the rights, property, or personal safety of our Website users, Group RFx and the public.
  • All Personal Information that you provide will be protected in accordance with industry standard protocols and technology.

ACCOUNTABILITY

Group RFx has a designated Privacy Officer to respond to any complaints or inquiries with regards to how we use your Personal Information. The Privacy Officer is responsible for overseeing our compliance with applicable legislation. You may contact our Privacy Officer by sending an email to info@grouprfx.com

IDENTIFYING PURPOSE

Group RFx provides web-driven applications that help streamline the procurement and tendering process.  Group RFx respects your right to personal privacy. This Privacy Policy is meant to inform visitors and users of www.grouprfx.com (the “Website”) of our Privacy Policy and how we collect, use and disclose your Personal Information.

Using the Website necessarily means that you will be sharing information about yourself with Group RFx and Website users and communicating with them.  The following are the two main types of Personal Information disclosed on the Website:

Information about yourself that you share. This is the Website profile that other users see about you. You have control over what you share and who can see this information, and you can update this information at any time.

Communication. We help and encourage you to communicate with Group RFx support personnel and other users through messaging, blogs, files, pages, discussions, applications and other methods. Some of this is one-to-one, some of it is in groups, and some of it is public discussion. You decide how much or how little you wish to communicate to individuals or groups and you also decide whether or not you wish to remain anonymous.

CONSENT

By using our Website, you are providing implied consent for us to collect your Personal Information such as your name, phone number, and certain contact information.

We will obtain your express consent prior to using or disclosing your Personal Information for a purpose that is not described within this Privacy Policy, or that we did not identify to you at the time of collection.

When dealing with certain legal, medical, or security issues, we may be required by law to disclose your Personal Information without seeking or obtaining your consent.

You may also withdraw your consent with respect to the use of your Personal Information for the purposes described in this Privacy Policy at any time, subject to legal or contractual restrictions and reasonable notice, by e-mailing us at info@grouprfx.com ], and providing us sufficient personal identifiers so we can act effectively on your request.

COLLECTION OF INFORMATION

Personal Information

“Personal Information” is information about an identifiable individual. It includes such things as name, age, gender, educational background and performance, occupation, contact information, financial information and other information which can be linked to an individual’s identity. It does not apply to the information of non-individuals, such as corporations and other business entities and, generally speaking, to business contact information of individuals.

In order for you to properly use our Website you may be required to provide certain Personal Information and other information to us pertaining to yourself and / or your business. In doing so, we may collect the following information: first and last name, email address, telephone number, your mailing address and transactional data.

By becoming a registered Website user (“Member”), you voluntarily and willingly provide Group RFx with certain information, including your Personal Information, which we collect in order to provide various services. If you have any hesitation about providing your Personal Information to us and/or having your Personal Information displayed on the Website or otherwise used in any manner permitted in this Privacy Policy or Group RFx’s Website Terms of Use you should not become a Member; and, if you are already a Member, you should close your account.

We collect your Personal Information in the following ways:

1. Registration

In order to become a Member, you must provide us the following information to create an account: password, company name, company phone number, company address, company email address, buyer contact name, buyer contact phone number, buyer contact address, buyer contact email address, shipping contact name, shipping contact phone number, shipping contact address, shipping contact email address and password. Without this minimal amount of information, you cannot create an account. Like other passwords, you should choose one that is known only by you. The Website also requests other information from you during the registration process (e.g. affiliation, location, etc.). You acknowledge that this information is personal to you, and by becoming a Member, you allow others, including Group RFx, to identify you and to allow them to use your information in accordance with our Website Terms of Use and this Privacy Policy.

2. Profile Information

Once you become a Member, you may provide additional information to your Website profile. Providing additional information about yourself beyond what is minimally required at registration is entirely up to you, but providing additional information may enable you to derive more benefit from the Website. Any information you provide at registration or in your Website profile section may be used by Group RFx as described in this Privacy Policy, including for the purpose of allowing other Members to find you.

3. Contact Information

In order to connect with others, you may use the Website to send invitations either to their Group RFx profile (if they are Members) or to email addresses of people you know if they are not Members. The names and email addresses of people whom you invite will be used to send your invitations and reminders. Please note that when you send an invitation to another Member, that Member will have access to your email address because it is displayed in the invitation. You may not invite anyone you do not know and trust to connect with you.

4. Using Website and its Applications

We receive information when you interact with and use the Website and its applications.

5. Cookies

A “cookie” is a small piece of information/text that resides on your computer, mobile phone, or other device sent by a web server to be stored on a user’s web browser so it can later be read back from that browser on subsequent visits to a website. Like most websites, we use cookies and web log files to track site usage and trends and to track interactions.  A cookie is a tiny data file, and allows us to recognize you as a Member when you return to the Website using the same computer and web browser. You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use the Website. In the course of serving advertisements or optimizing the services to our Members, we may allow authorized third parties to place or recognize a unique cookie on your browser. Any information provided to third parties through cookies will not be personally identifiable but may provide general segment information (e.g., your industry or geography, career field, or information about your professional or educational background) for the enhancement of your user experience by providing more relevant advertising. Group RFx does not store unencrypted Personal Information in the cookies. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Since each browser is different, Members and visitors should check the "Help" menu of their browsers to learn how to change cookie preferences.

6. Log files, IP Addresses and information about your computer and mobile device

An internet protocol (“IP”) address is a number that is automatically assigned to your computer whenever you are surfing the internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When Members or visitors request pages from our Website, our servers typically log their IP addresses. Your IP address may personally identify you depending, in part, on the naming standards followed by your internet service provider (“ISP”). You may wish to ask your ISP about its policies and practices regarding naming standards.

We reserve the right to use IP addresses to identify a visitor when we believe it is necessary to enforce compliance with the following: (a) to fulfill a government request; (b) to conform with the requirements of applicable law or legal process; (c) to protect or defend our legal rights or property, our Website, or its users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.

Due to the communications standards on the internet, when you visit the Website we automatically receive the Uniform Resource Locator (URL) of the website from which you came and the website to which you are going when you leave the Website. Group RFx also receives the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, your mobile device (including your Unique Device Identifier (UDID)) and mobile operating system (if you are accessing the Website using a mobile device), as well as the name of your ISP or your mobile carrier. This information collected can include, among other things:

  • the internet domain and IP address from which a Member or visitor accesses our Website,
  • the type of browser used (e.g., Internet Explorer, Firefox, Safari, etc.),
  • the third party website, if any, from which the visit originated,
  • the operating system that the Member or visitor is using (e.g., Windows 7, Vista, Windows XP, Macintosh OS, etc.),
  • the domain name of the Member or visitor’s Internet service provider,
  • the search terms that a Member or visitor uses on our Website,
  • the specific web pages and/or content visited on our Website, and
  • the date, time and duration of visits.

The link between your IP address and your Personal Information is not shared with third parties without your permission, except as described above.

USE OF PERSONAL INFORMATION

Group RFx uses the information collected on our Website to manage and improve our business operations, to provide our services to you, to measure and improve those services, to enhance visitor experience on our Website, to track the statistical usage and technical information of those who visit our Website, and to provide visitors and Members with customer support.

We may also use the information collected to contact you from time to time with product or service-related announcements.

Uses of Personal Information:

1. Consent to Group RFx Processing and Analyzing Information About You

The information you provide may reveal, or allow others to identify, your nationality, ethnic origin, gender, age, and other aspects of your life. By providing information to us for the purposes of creating your Member account or adding any additional details to your Website profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy that allow Group RFx to process information about you. Supplying information, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to Group RFx's collection and processing of your information at any time in accordance with the terms of this Privacy Policy by changing your settings or by closing your Member account.   Please note that your withdrawal of consent will not be retroactive.

2. Communications

We will communicate with you through email, notices posted on the Website, messages to your inbox, or through other means available through the Website. We may send you a series of emails that help inform new Members about the Website’s features, and we may also send you service messages relating to the functioning of the Website.

You can change your e-mail and contact preferences at any time by logging into your Member account and changing your settings related to your email notification choices.

Please be aware that you cannot opt-out of receiving service messages. Also, if we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand that you are responsible to pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).

3. Member Communications

Many communications you initiate through the Website (e.g., an invitation sent to a non-Member) will list your primary email address and name in the header of the message. Messages you initiate may also provide aggregate information about your Website profile.

4. Customized Content

We might use information you provide to us to customize your experience on our Website. For example, when you login to your Member account, we might display applicable and recent status updates.

5. Sharing Information with Third Parties

Group RFx takes the privacy of our Website users very seriously, and we do not sell, rent, or otherwise provide your Personal Information to third parties, except as described in this Privacy Policy. We will also not share your Personal Information not published in your Website profile or generated through engagement with other website services (groups, blogs, pages, etc.) without your explicit consent except to carry out your instructions or if disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Privacy Policy; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Group RFx, our Members, other Website users or the public.

While we will ensure agreements are in place to require third parties to comply with our Privacy Policy when your Personal Information is shared, we cannot guarantee their compliance.

Member information can be made public by the creator of the information.  This allows Members to publish portions of their Website profile and other contributions to the public internet. This public Website profile will be crawled by and displayed through search engines when someone searches for your name or related search terms. You may remove such public access from your resource by editing resource settings. However, Group RFx does not control how often third-party search engines will update their caches, which may contain old public profile information.

Content distributed through the Website sharing features may result in displaying some of your information publically.

We may provide aggregated anonymous data about the usage of the Website to third parties for purposes that we deem, in our sole discretion, to be appropriate, including to commercial and government funders of Group RFx.

6. Group RFx External Developers

We collaborate with and allow third parties to develop Website applications and functionality in conjunction with and outside of Group RFx. These third parties are either partners with whom we have negotiated an agreement to provide services or developers who have agreed to our developer terms and conditions in order to build applications. Both the negotiated agreements and our developer terms and conditions contain restrictions on access, storage and use of your Personal Information. However, we cannot guarantee that any developer or third party will abide by their contractual obligations.

Despite our agreements and technical steps taken to restrict access to and avoid possible misuse of information, we may not screen or audit all services and applications. You agree that your use of our Website is on an “as is” basis and without any warranty.

If you use any Website application or service, the abovementioned developers and third parties may have access to and share certain information about you, such as non-public profile information and information visible only to your groups or contacts. We make contractual and technical efforts to restrict this information to the minimum necessary to successfully develop and test such applications, but again we cannot guarantee that any developer or third party will abide by their contractual obligations.

7. Polls and Surveys

Polls and surveys may be conducted by Group RFx, Members or third parties. As a Member, you may be invited to participate in polls and surveys from the Website. Your selection may be random, or it may be based on your non-Personal Information, such as job title, geography, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you.

We will not disclose your Personal Information to any third parties in connection with the conduct of any polls or surveys. Your consent to use your Personal Information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it.

8. Search

We offer search services to help find information and learn more about other Members and resources.  We use information from user profiles and contributions to groups, Group RFx Website pages, and answers to inform and refine our search service.

9. Blogs, Discussion Posts and other Services

If you post to any blog or discussion group you should be aware that any Personal Information you choose to provide there can be read, collected, and used by other Members, as well as developers and other third parties, and could be used to send you unsolicited messages. Group RFx is not responsible for the information you choose to submit, including whether it is copyright protected. It is your responsibility to only post information to which you have copyright or other legal authority to use. Also, some discussion group content may be public and searchable on the internet if the group owner has opened the group for public discussions. You can delete your posts at any time. However, please note that ideas you post and information you share may be seen and used by other Members, and we cannot guarantee that other Members have not made copies of or used the ideas and information that you have shared.

10. Links to Third Party Websites

The Website may contain links to other websites. Group RFx is not responsible for the privacy policies and/or practices on other websites. Members and visitors should read the privacy policy stated on any website being accessed. Group RFx’s Privacy Policy only governs the privacy policies and practices of our Website. Members must also comply with the terms of use applicable to the other websites.

DISCLOSURE OF PERSONAL INFORMATION

Disclosures Necessary to Provide a Service

We may disclose your Personal Information where it is necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on our behalf.

Disclosures to Others as the Result of a Change in Control or Sale of Group RFx

We may disclose your Personal Information and other information you provide, to third parties in connection with a change in control or sale of Group RFx. Such third parties will have the right to continue to use your Personal Information and other information that you provide to us.

Compliance with Legal Process

It is possible that we may need to disclose your Personal Information, profile information and/or information about your activities as a Member if Group RFx has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) enforce the Website Terms of Use or this Privacy Policy, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our Website; and/or (c) exercise or protect the rights, property or personal safety of Group RFx, our Members, employees, or others. Group RFx also may need to disclose your Personal Information where we are under a duty to disclose such Personal Information in order to comply with any applicable legal obligation or order or request of a government institution, investigative body, or judicial authority of competent jurisdiction.

Outside of Canada

Group RFx may disclose your Personal Information to our employees and/ or agents residing in the United States for the sole purposes described in this Privacy Policy. We make every reasonable attempt to safeguard your Personal Information throughout this process. However, note that the data protection laws outside of Canada may not provide an equivalent level of protection to those in Canada. Before transferring any data to the United States we will take steps to ensure that your Personal Information will be afforded the same level of protection as that required from us under Canadian privacy laws.

RETENTION

Group RFx will retain your information for so long as your Member account is active or as needed to provide you services. We will also retain and use your information as necessary to comply with our legal obligations, to respond to or resolve disputes, and to enforce the Privacy Policy or the Website Terms of Use .

ACCURACY

Keeping in mind the purpose of its use, Group RFx will make every reasonable effort to keep your Personal Information as accurate and complete as possible.

SAFEGUARDING PERSONAL INFORMATION

Your Personal Information is kept in strict confidence. Group RFx utilizes appropriate security safeguards to keep your Personal Information confidential and secure. Only authorized personnel have access to your Personal Information; we do not release your Personal Information to third parties other than those third parties that are necessary to satisfy the purposes for which the Personal Information was collected, including third party service providers, or in accordance with privacy legislation. We require third party service providers to safeguard your Personal Information by implementing privacy policies and procedures equivalent to or greater than our own.

ACCESS TO PERSONAL INFORMATION

You have a right to access, modify, correct and eliminate the data you supplied, subject to some exceptions set out in applicable legislation. For example, we are required to refuse to provide access to information that would reveal Personal Information about another individual. If access is refused, in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply, we may withhold that information and provide the requesting individual with the remainder of the record.

If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this Privacy Policy. You may request deletion of your information at any time by contacting Group RFx.  We will respond to your request within 30 days. Please note, however, that information you have shared with others, or that other Members have copied, may also remain visible even if you request its deletion.

UPDATES TO PRIVACY POLICY

We may change this Privacy Policy from time to time by updating this page. You are advised to check it each time you use the Website in order to ensure that you are aware of any changes and that they are acceptable to you. Continued use of our Website will signify that you agree to any such changes. Please see the top of this Privacy Policy for the date the Privacy Policy was last updated. This Privacy Policy applies if you access the Website through your mobile phone, through your personal computer or through any other route. As always, if you object to any of the changes to our terms and you no longer wish to use the Website, you may close your Member account.

UNSOLICITED EMAILS AND TELEPHONE CALLS

Please do not share/send your Personal Information (and particularly financial/credit card information) in response to any unsolicited e-mail or telephone call that appears to come from Group RFx or its affiliated brands. We will not contact you and ask for such information; such information is only submitted when accessing our Website or when speaking with an authorized representative of Group RFx.

YOUR INFORMATION CHOICES

1. Accessing and Changing Your Member Account Information

You can review the information you provided to us and make any desired changes to the information you publish, or to your settings including your email and contact preferences, at any time by logging in to your Member account. Please be aware that even after your request for a change is processed, Group RFx may, for a time, retain residual information about you in its backup and/or archival copies of its database.

2. Default Settings

Because Members may use and interact with Group RFx in a variety of ways, and because those uses may change over time, we designed our settings to provide our Website users with granular control over the information they share. We encourage our Website users to review their Member account settings and adjust them in accordance with their preferences.

3. Closing Your Member Account

You can close your Member account by emailing a request to Group RFx support at info@grouprfx.com. If you close your Member account, we will remove your name and other Personal Information from our publicly viewable database. If you close your Member account, we have no obligation to retain your information, and we may delete any or all of your Member account information without liability. However, we may retain certain data contributed by you if Group RFx believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. Group RFx may also retain and use your information if necessary to provide the services to other Website users. For example, similar to when an email you may send to another person through an email service provider resides in that person's inbox even after you delete it from your sent files or close your Member account, messages you send to other Members, as well as your contributions to groups, may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that others have copied, may also remain visible. Group RFx disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. Group RFx does not control when search engines update their cache, which may contain certain public profile information that has since been removed from the publicly viewable data.

4. Memorializing Accounts

If we learn that a Member is deceased, we may memorialize the Member's account. In these cases we may restrict profile access, remove messaging functionality and close an Member account if we receive a formal request from the Member's next of kin or other proper legal request to do so.

YOUR OBLIGATIONS

As a Member, you have certain obligations to Group RFx, other Members and the public at large. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace in user-friendly communities of like-minded members. These include the following:

  • You must, at all times, abide by the terms and conditions of the current Privacy Policy and Website Terms of Use. This includes not breaching any intellectual property rights that may belong to third parties (such as copyright, patents, confidential information, trade-marks or photographs) and not posting anything without legal authority (as applicable).
  • You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of Group RFx and its Members.
  • You must not provide Member information that you believe might be injurious or detrimental to your person or to your professional or social status.
  • You must keep your username and password confidential and not share it with others.
  • You agree to indemnify and hold harmless Group RFx, its licensees, affiliates, directors, officers, partners, employees, agents and contractors and their respective successors, heirs, assigns, administrators and personal representatives for any damages caused by your breach of this Privacy Policy.

Without limiting the foregoing, any violation of this Privacy Policy may, at the sole discretion of Group RFx, result in the restriction, suspension or termination of your right to access or use the Website.

GOVERNING LAW

This Privacy Policy shall be construed and interpreted solely in accordance with the laws of the Province of Alberta and the federal laws of Canada.

GENERAL PROVISIONS

If any provision of the Privacy Policy is held invalid or unenforceable, the unenforceable provision will be construed in accordance with applicable laws as nearly as possible to reflect Group RFx’s original intentions, and the remainder of the provisions will remain in full force and effect.

Headings are for reference purposes only and have no legal effect.

Waiver by Group RFx of a breach of any provision of the Privacy Policy or the failure by Group RFx to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other rights.

Group RFx will not be liable for any amount for failure to perform any obligation under the Privacy Policy if such failure is caused by the occurrence of a cause beyond the reasonable control of Group RFx including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, act of God, or any acts of governmental bodies or authorities.

COPYRIGHT

Copyright© 2011 Group RFx Ltd. All rights reserved. Any rights not expressly granted herein are reserved.

QUESTIONS REGARDING COMPLIANCE

If you have questions or concerns about our privacy practices or wish to make a request in respect of your Personal Information please contact our Privacy Officer at info@grouprfx.com or if you prefer by writing us at:
Group RFx Ltd. c/o Privacy Officer
111 Congress Avenue, Suite 400
Austin TX 78701
USA

3556805-1