Privacy Policy

Effective Date: August 22^nd, 2022

Fobi AI Inc. is committed to protecting your personal information and data. This Privacy Policy describes how Fobi AI Inc. our affiliates and our Licensors (collectively, “Fobi,” “we”, “us” and “our”) collect, use, disclose, transfer, store, retain or otherwise process your information when you (whether a person or business) access or use our website (https://www.fobi.ai/) (the “Website”), contact us, apply or sign up for a Customer Account or other services either through Fobi’s Website or through a paper Customer Application (collectively, “Services”).

Any personal information you provide or we collect from your use of the Website or the Services will only be used in accordance with this Privacy Policy. Please read this Privacy Policy carefully. By continuing to interact with our Services, you are consenting to the practices described in this Privacy Policy.

Capitalized terms used, but not defined, in this Privacy Policy will have the same meaning given to them in Fobi’s General Terms of Service available at https://www.fobi.ai/terms-of-service.

Note to Residents of the European Union and California
In order to comply with the requirements of applicable privacy laws, this Privacy Policy outlines the legal basis on which Fobi processes your personal data (also referred to as personal information herein). Please see the relevant sections below for additional information as required by applicable laws.

Scope
Third Party Sites. This Privacy Policy applies only to information we collect at and through our Website and your use of the Services. Our Website also contains links to third party sites that are not owned or controlled by Fobi. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that collects personal information.

Our Privacy Policy explains:

What is Personal Information?
What information does Fobi collect about you?
What information Fobi will not collect about you?
Why does Fobi collect your personal information?
How does Fobi use your personal information?
With whom might Fobi share your personal information?
How does Fobi obtain your consent?
How long will Fobi retain your information?
Why and how does Fobi use Cookies and similar technologies?
Why and how does Fobi use 3rd-party advertising and analytics?
What are your choices regarding your personal information?
How does Fobi secure your personal information?
What does Fobi do for personal information storage and processing?
What if Fobi makes Changes to this Privacy Policy?

WHAT IS PERSONAL INFORMATION
Personal information means information about an identifiable or identified natural person or information that can be used to identify a natural person but does not include business contact information. Types of personal information include, without limitation, your home address, your telephone number, your date of birth, your personal email address, your credit card or other financial information.

WHAT INFORMATION FOBI COLLECTS ABOUT YOU
Fobi needs to collect information about you to provide you with the Services or the support you request. The type of information we collect can vary depending on the country from which you access our Services. Additionally, you can choose to voluntarily provide information to us.

Information Provided By You
Fobi collects information you provide when you fill out a Customer Application either manually or on our Website, when you log in to our Website, when you communicate with us, answer our surveys, upload content, or otherwise use the Services. We collect information about you when you use our Services, including:

Identification Information. Your name, your company name, email address, mailing address(es) and phone number(s) when you apply or sign up for a Customer Account or other Services, signature, and authentication credentials (for example, information you use to login to your account), including IP address.
Financial Information. Information such as bank account, credit card numbers, credit reports, and other publicly available information.
Transaction Information. When you install our Hardware and use our Services, we collect information about when and where the transactions occur, the “basket information” of such transactions, a description of the transactions, if available, the MAC Addresses from all mobile devices detected by the Hardware, the payment amounts, and the devices and payment methods used to complete the transactions (but not credit or debit card numbers or the name of the purchaser or any other information based on which we would be able to identify that purchaser).
Non-Transaction Information. When you install our Hardware and use our Services, we collect information unrelated to actual transactions including Hardware temperature, your Wi-Fi network name and password, diagnostic and technical information sent to your receipt printer(s) by your Point of Sale terminal(s), the signal strength and distances of devices in range of the Hardware, any public IP addresses associated with your internet network and other the existence of devices connected to your network.
Other Information You Provide. Information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions performed on the Services.

Information We Collect From Your Use of our Services
We collect information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. The information that we collect includes:

Precise Geolocation Information. The location of your device. For more information and to learn how to disable collection of location information, please see below.
Device Information. Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Services.
Use Information. Information about how you use our Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Services, your search terms, the website you visited before you visited or used the Services, data about how you interact with our Services, and other clickstream data.
Business Information. Information about products and services you sell (including inventory, pricing and other data) and other information you provide about you or your business.

Information We Collect From Other Sources
We also collect information about you from third parties, including:

Identity Verification. Information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
Credit, Compliance and Fraud. Information about you from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.

Children’s Information
In general, our Services are general audience services not directed at children under the age of 13. If we obtain actual knowledge that any information, we collect has been provided by a child under the age of 13, we will promptly delete that information.

WHAT INFORMATION FOBI WILL NOT COLLECT ABOUT YOU
In general, we do not collect personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of genetic information, biometric information in order to uniquely identify a person or information concerning health or sex life and sexual orientation. We ask that you not communicate or provide these elements of information to us. We will not use your personal information for decisions based solely on automated processing if the decision produces legal effects concerning you or significantly affects you, unless you gave your explicit consent for this processing.

WHY DOES FOBI COLLECT YOUR PERSONAL INFORMATION
In general, Fobi collects and processes your personal information for legitimate reasons including, without limitation, providing, improving and developing our Services, communicating with you about our Services, protecting our services and maintaining a trusted environment, advertising and marketing, in respect of the performance of a contract, in order to fulfill our legal obligations, because you consented to our collection and use of it, and for the legitimate business interests of Fobi.

HOW DOES FOBI USE YOUR INFORMATION
We may use information about you for a number of purposes, including:

(a) Providing, Improving, and Developing our Services

Determining whether the Services are available in your country;
Otherwise providing you with the Fobi Services;
Providing, maintaining and improving our Services;
Developing new products and services;
Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with our Hardware, the Services or your Customer Account;
Improving, personalizing, and facilitating your use of our Services;
Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services.

(b) Communicating with You About our Services

Sending you information we think you may find useful or which you have requested from us about our existing or future Services;
Conducting surveys and collecting feedback about our Services.

(c) Protecting our Services and Maintaining a Trusted Environment

Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your Customer Account;
Protecting our, our customers’, or your customers’ rights or property, or the security or integrity of our Services;
Enforcing our General Terms of Service or other applicable agreements or policies;
Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
Fulfilling any other purpose disclosed to you in connection with our Services;
Contacting you to resolve disputes, collect fees, and provide assistance with our Services.

(d) Advertising and Marketing

Marketing of our Services;
Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
If we send you marketing emails, each email will contain instructions permitting you to “opt out” of receiving future marketing or other communications.

To learn about your choices regarding interest-based advertising and cross-device tracking, please see below.

(e) Other Uses

For any other purpose disclosed to you in connection with our Services from time to time, or as otherwise permitted or required by applicable laws.

WITH WHOM DOES FOBI SHARE YOUR INFORMATION
We may share information about you as follows:

(a) With our Affiliates

With affiliates, for the purposes outlined above.

(b) With Third Parties

With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., hosting services, fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, credit bureaus, partners providing services on Fobi’s behalf, and other entities in connection with the Services;
With third parties that run advertising campaigns, contests, special offers, or other events or activities on our behalf or in connection with our Services.

(c) Business Transfers and Corporate Changes

To a subsequent owner, co-owner, or operator of one or more of the Services; or
In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.

(d) Safety and Compliance with Law

If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our General Terms of Service or other applicable agreements or policies; (iii) to protect our or our customers’ rights or property, or the security or integrity of our Services; or (iv) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.

(e) With Your Consent

With your consent. For example:

At your direction or as described at the time you agree to share;
When you authorize a third-party application or website to access your information.

(f) Aggregated and Anonymized Information

We also may share (within our group of companies or with third parties) aggregated and anonymized information that does not specifically identify you, your customers or any individual user of our Services.

HOW DOES FOBI OBTAIN YOUR CONSENT
Fobi obtains your consent to collect, use and disclose your personal information for the reasonable and necessary purposes set out above. When you provide Fobi with your information, such as for signing up to receive emails about business developments, communicating with us through the Website or the Services, using the Website or the Services, you are consenting to the collection, use and disclosure of your personal information for the purposes set out in this policy, in accordance with the principles outlined in this Notice.

Individuals can deny or withdraw their consent to Fobi’s collection, use and disclosure of their personal information at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is denied or withdrawn, Fobi may not be able to provide certain products or services.

HOW LONG DOES FOBI RETAIN YOUR INFORMATION
We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law. However, even after you deactivate your account or otherwise stop using the Website or the Services, we can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our General Terms of Service or other applicable agreements or policies, or to take any other actions consistent with applicable law.

WHY AND HOW DOES FOBI USE COOKIES AND SIMILAR TECHNOLOGIES
Fobi uses various technologies to collect information when you access or use our Website and Services, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and Fobi uses web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you visit our Website or use our Services. By visiting our Website and by using our Services, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Policy. For more information and to learn how to block or delete cookies used in the Services, please see below.

Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.

We may use cookies to:

Remember that you have visited us or used the Services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
Customize elements of the promotional layout and/or content of our Services.
Collect data about the way you interact with our Services (e.g., when you use certain features).
Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
Allow our business partners (including third parties) to use these tracking technologies to track your behavior on our behalf on our Platform (including when you use multiple devices) and on partner websites.
Enable third parties to collect data about the way you interact across sites outside of our Services.
Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.

Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.

Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.

You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Website or the Services.

We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We use web beacons to deliver cookies, track the number of visits to our Website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

WHY AND HOW DOES FOBI USE 3RD-PARTY ADVERTISING AND ANALYTICS
Fobi may use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages and links clicked. This information can be used by Fobi and third-party service providers on behalf of Fobi to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.

This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http://www.aboutads.info/choices.

Examples of our third-party service providers to help deliver our Services or to connect to our Services may include:

Google Analytics: We may use Google Analytics to understand how our Services perform and how you use them. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.
Amazon Web Services: We use Amazon Web Services to host data which includes, among other items, your personal information and the Content. Information about AWS’s Service Terms, Privacy Policy and other relevant information may be viewed at https://aws.amazon.com/legal.

WHAT ARE YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION

(a) Personal Information

You may access, change, or correct information that you have provided by at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.

(b) Your Data

You may at any time, by making a request to us using the contact details below or our Subject Access Request Form, request to download and archive all information, data and Content that has been collected by Fobi via the Hardware associated with your Customer Account from the date such Hardware was installed to the date of your request. We may need to verify your identity before providing you the ability to download the same.

(c) Deactivating Your Account

If you wish to deactivate your Customer Account, you can do so by emailing us using the contact details provided below.

(d) Do Not Track

Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Fobi does not have a mechanism in place to respond to DNT signals. Fobi does track some activity across websites (including your search terms, the website you visited before you visited or used the Services, and other clickstream data) and we may continue to collect information in the manner described in this Privacy Policy from web browsers that have enabled DNT signals or similar mechanisms.

(e) Promotional Communications

Fobi and its affiliates may use personal information to inform individuals of current and/or new products or services or other developments that Fobi or its Affiliates believe will be of interest to individuals in accordance with applicable laws including Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail, fax or regular mail.

You can opt out of receiving promotional messages from Fobi by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls, by emailing or texting “STOP” to hello@fobi.ai, or by changing your notification settings by logging into your Customer Account. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your Customer Account or our ongoing business relations.

HOW DOES FOBI SECURE YOUR PERSONAL INFORMATION
Fobi takes reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers. If, despite all our efforts, a data breach does occur, Fobi shall do everything in its power to limit the damage. In case of a data breach which is likely to result in a high risk, and depending on the circumstances, reasonable actions to inform you about remedial actions to prevent further damage, it is our responsibility to inform the relevant supervisory authority or authorities without undue delay.

INFORMATION STORAGE AND PROCESSING
We may, and we may use third-party service providers to, process and store your information in the United States, Canada, Japan, the European Union and other countries. When information is stored or processed outside of Canada, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. Fobi has taken appropriate technical, organizational, and legal steps to secure this information.

WHAT IF FOBI MAKES CHANGES TO THIS PRIVACY POLICY
We may amend this Privacy Policy from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel your Customer Account and your use of the Website and the Services at any time. Subsequent to a posted change, your continued use of our Website and our Services constitutes your consent to any amendment of this Privacy Policy. We recommend that you review this Notice from time to time so that you are aware of any changes.

HOW DO YOU CONTACT FOBI ABOUT PRIVACY CONCERNS
Please contact our Data Privacy Officer with any questions or concerns regarding this Privacy Policy.

Fobi AI, Inc.

541 Howe Street, Suite 2F

Vancouver, British Columbia, Canada, V6C 2C2

privacy@fobi.ai

If you have any questions or concerns regarding our Privacy Policy, or if you believe our Privacy Policy or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.

Additional Information For Residents of California
The California Consumer Protection Act of 2018 (CCPA) sets out obligations and rights with respect to the personal information of California consumers. Fobi is committed to ensuring that it complies with the requirements of the CCPA. As such, this section outlines additional information relevant only to individual’s accessing our services in California. Please see the remainder of Fobi’s Privacy Policy for more information on our privacy practices.

Your Rights relating to personal information
Subject to some exceptions, the CCPA provides you with the following rights:

The right to know: You have the right to request that Fobi disclose what personal information is collected, used, shared or sold, both as to the categories and specific pieces of personal information.
The right to opt-out: You have the right to say “no” to the sale of your personal information. Please note that Fobi does not sell or trade personal information.
The right to delete: You have the right to request the deletion of your personal information held by Fobi and by extension Fobi’s service providers.
The right to non-discrimination: Fobi is prohibited from discriminating against you in terms of price or service if you choose to exercise a privacy right under the CCPA.

Categories of personal information Fobi collects or discloses for business purposes
Fobi has collected or disclosed the following categories of personal information in the last twelve (12) months:

Category	Examples
Identifiers	A real name, business postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifier.
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other electronic activity information	Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
Geolocation data	Physical location, generally.
Health Information (for CheckVax users only)	COVID-19 vaccination health record

Categories of personal information Fobi has sold
Fobi does not sell personal information.

Additional Information For Residents of European Union
The following information is provided for European users who may access Fobi’s websites. However, please note that Fobi does not do business in and generally does not collect information from residents of the European Union except incidentally as part of their website visits.

The European General Data Protection Regulation (GDPR) sets out obligations and rights with respect to the personal data of residents of the European Union. Fobi is committed to ensuring that it complies with the requirements of the GDPR. As such, this section outlines additional information relevant to residents of the European Union only. Please see the remainder of Fobi’s Privacy Policy for more information on our privacy practices.

Your Rights relating to your Personal Data
Subject to some exceptions, the GDPR provides you with the following rights:

Right of access: You have the right to information about whether and why we process your personal data and related information (for example, what personal data we are processing).
Right of rectification: You have the right to correct any inaccurate or incomplete personal data that we hold about you.
Right to erasure: You have the right to ask us to delete personal data that we hold about you.
Right to restrict or object to processing: You have the right to ask us to limit or stop our processing of your personal data in certain cases (for example, if the personal data we are processing about you is inaccurate or is for direct marketing purposes).
Right to data portability: You have the right to ask us for a copy of personal data we hold about you and to transfer such data to another entity.
Right to complain: We encourage you to contact us at the contact information above if you have any questions or concerns with our personal data practices. However, you also have the right to complain to regulatory authorities in your jurisdiction. Please contact us at the contact information below if you need information about the appropriate authority.

You may exercise these rights or find out more about these rights by contacting Fobi at the contact information listed above.

Retention and Storage of Personal Data
Fobi is based in Canada and processes personal data in Canada. The European Commission recognizes Canada as providing an adequate level of protection for personal data. Fobi’s service providers may process your personal information outside of Canada (please see above). When your information is processed outside of the European Union, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. Fobi has taken appropriate technical, organizational, and legal steps to secure this information.

Collected Information: Fobi asks you to provide certain personal and personal health information in order for you to use CheckVax. The following information is collected from you to use CheckVax:
- First & Last name
- Mobile number
- COVID-19 vaccine card / health record
- Govt-issued ID
- Selfie (a photo of yourself)
Use and Disclosure of Information: Your vaccine card and government issued ID are used to verify your identity and vaccination status. This information is securely destroyed as soon as your verification is completed. The remainder of your information is maintained by Fobi as part of your Wallet Pass which you can show to enable others to validate your vaccination status and/or for Fobi to contact you for administration purposes. This information is not used or disclosed by Fobi for any other purposes. When you show your CheckVax Wallet Pass to others, they will be responsible for the privacy of that information - please see their policies for more information.
Processing of Information: Where permitted, your information may be processed outside of the country in which you live by service providers who are assisting us to verify your identity and vaccination status. Please see “Information Processing and Storage” in our Privacy Policy for more information.
Children: If you are below the age of 13, you must have parental or guardian consent to use CheckVax. If you are below the age of 13 when you register for CheckVax, we will provide you with additional information to confirm your parental or guardian consent. This consent will need to be confirmed and verified before we can collect information from you and before you can use CheckVax. Your parental or guardian consent will be maintained by Fobi in accordance with our legal requirements and Privacy Policy.
Notice to Parents/Guardians: Fobi complies with all applicable laws with respect to the personal information of children. If anyone under the age of 13 wishes to use CheckVax, the following will apply to their parents/ guardians:
- We will obtain your consent before collecting your child’s personal information
- We will not require your child to disclose more information than is reasonably necessary to use CheckVax (please see above for what is required to use CheckVax)
- You can review your child’s personal information, direct us to delete it, and refuse to allow any further collection or use of your child’s information;
- You can agree to the collection and use of your child’s information, but still not allow disclosure to third parties (please see above for how information may be disclosed); and
- If you have any questions or to exercise your rights, please contact our Data Privacy Officer at the information listed above.