Privacy Policy

This Privacy Policy Outlines The Methods By Which Phizit Collects User Information And Business Data, The Nature Of This Information And Data, And The Purposes For Which Phizit Collects This Information And Data. The Terms Herein May Change From Time To Time, With Or Without Notice, At Phizit's Sole Discretion. This Privacy Policy Is Meant Only To Inform You About Phizit's Use And Management Of User Information. For more information about Phizit's processes and procedures, please review our Terms of Use. For more information regarding Phizit's commitment to privacy and security, please review our Privacy Pledge.

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Information We Collect, Why We Collect It And How We Use It

  1. Site usability:-

    To make our Site, Products, and related services more useful to you, our servers (which may be hosted by an offshore third-party service provider) collect Personal Data from you, such as browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We may also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network. Phizit's gathering of personal information and demographic data is utilized solely for internal company purposes and to enhance the user experience. We do not share, sell, rent or otherwise distribute our client's personally identifiable information.

  2. Transparency:-

    You may, at any time, delete your Phizit account or revoke Phizit's permission to access your business’s data accounts, Shopify API connection or Facebook Marketing API connection. You may request at any time that you be removed from any or all lists on which you had asked to be included previously by sending an email to phizit.com@gmail.com with “remove me” in the subject line.

  3. Sharing of user data:-

    Regardless of any choices you make concerning your Personal Data, Phizit may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Phizit; or (b) protect or defend the rights or property of Phizit or users of the Products or related services. If Phizit is involved in a merger, acquisition or sale of all or a portion of its assets, Phizit reserves the right to transfer user data and personally identifiable information to a party involved in the merger, acquisition or sale, to the extent such information is necessary to carry out the merger, acquisition or sale. In an event of such a merger, acquisition or sale, users will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. Except as otherwise stated in this Privacy Policy or our Terms of Use, we do not sell, trade, share, rent or otherwise distribute the Personal Data collected from our services to third parties. Phizit uses aggregated business and user data for the purposes of academic and industry research. Phizit will take care to completely remove any personally or business identifiable information from this aggregated data, such that this data cannot be traced to a particular user or business. Such information may be shared with, or sold to, third parties. The collected information is used solely for the purposes disclosed in this privacy statement and in our Terms of Use, or on the page(s) of the Site where information is requested, unless you agree in advance to additional uses.

  4. User contact:-

    Phizit might use the names and email addresses to contact you to announce news, new product features or ask for feedback. Your submission of any such information is purely optional, although access to certain restricted pages on our Site may require you to register by inputting credentials that identify you.

  5. Storage of information:-

    Phizit may store user data, including, but not limited to, personally identifying information, business data and other information, to the extant storing such information is necessary for carrying out Phizit's vital business operations and providing Phizit's Products and services. Phizit implements extensive security measures to protect such stored information from unauthorized access.

  6. Site usability:-

    We would like you to know that we use standard commercially available third-party web site analytics tools to collect anonymous data about visitors to our Site and then aggregate that data to analyze web site traffic. We do not use this information to personally track or identify you. Web analytic tools often track IP addresses and install cookies to measure user interactions. If you find this objectionable, you may be able to set your browser to block these cookies and disable tracking features typically used by third-party web site analytic services. Note that doing so may adversely impact some features of the Site.

  7. Sharing of information between users:-

    By using our Products and/or services, information can be shared solely on the basis of the agreement of both parties involved. Unless a user requests to exchange information with another user, and the other user accepts this exchange, no information may be shared. Phizit cannot be held responsible for any information exchange between users who have mutually agreed and committed to share information. Any exchange of information between users must be initiated by a user (the “Requesting Party”) and approved by another user (the “Consenting Party”). The exchange of information between the Requesting Party and the Consenting Party requires the Requesting Party to send an electronic request (the “Invitation”), which must be accepted by the Consenting Party. Exchange of user data is mutual and is subject to the approval of both the Requesting Party and the Consenting Party. .

  8. Security:-

    Phizit is committed to protecting the security of your data. We use a variety of industry-standard security technologies and procedures to help protect your data from unauthorized access, use, or disclosure. When you enter sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, note that Phizit cannot guarantee the absolute security of stored information, the Site, Products or services, and cannot fully eliminate security risks and mistakes and security breaches may occur. Phizit SHALL NOT BE HELD LIABLE FOR ANY DAMAGE OR LOSS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY, DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF ANY DATA, LOSS OF GOODWILL OR LOST PROFITS RELATING TO OR RESULTING FROM SECURITY RISKS, MISTAKES AND/OR SECURITY BREACHES, WHETHER MALICIOUS OR ACCIDENTAL.

General

  1. These Terms of Use as amended from time to time, as well as any and all other rules and restrictions set forth on this Site, apply to you when you view, access or otherwise use the Site. The Site is owned by Phizit Labs with an office at 13-300 New Toronto St., Toronto, ON, M8V2E8, and for the purposes of these Terms of Use, the terms "we," "us," "our," and "Phizit," refer to Phizit Labs. "You" and “User” refers to you, as a user of this Site and Phizit Shopify Apps. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so. By clicking ‘Continue’ below, you are agreeing to these Terms of Use.

  2. Phizit reserves the right to change these Terms of Use at any time, with or without notice, and you agree that each visit to the Site shall be subject to the current Terms of Use at the time of each visit. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site. The Site is intended for, and directed to, residents of the Canada, and all information; advertising and claims contained on the Site are valid in and applicable only to Canada.

Personal Data Collected via Technology

  1. To make our Site, Products, and related services more useful to you, our servers (which may be hosted by an offshore third-party service provider) collect Personal Data from you, such as browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We may also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network. Phizit's gathering of personal information and demographic data is utilized solely for internal company purposes and to enhance the user experience. We do not share, sell, rent or otherwise distribute our client's personal information.

  2. The collected information is used solely for the purposes disclosed in this privacy statement or on the page(s) of the Site where information is requested, unless you agree in advance to additional uses. Phizit takes care to safeguard user data by use of digital encryption. By using our Products and/or services, information can be shared solely on the basis of the agreement of both parties involved. Unless a user requests to exchange information with another user, and the other user accepts this exchange, no information may be shared. Phizit cannot be held responsible for any information exchange between users who have mutually agreed and committed to share information. Any exchange of information between users must be initiated by a user (the “Requesting Party”) and approved by another user (the “Consenting Party”). The exchange of information between the Requesting Party and the Consenting Party requires the Requesting Party to send an electronic request (the “Invitation”), which must be accepted by the Consenting Party. Exchange of user data is mutual and is subject to the approval of both the Requesting Party and the Consenting Party.

  3. We would like you to know that we use standard commercially available third-party web site analytics tools to collect anonymous data about visitors to our Site and then aggregate that data to analyze web site traffic. We do not use this information to personally track or identify you. Web analytic tools often track IP addresses and install cookies to measure user interactions. If you find this objectionable, you may be able to set your browser to block these cookies and disable tracking features typically used by third-party web site analytic services. Note that doing so may adversely impact some features of the Site.

Disclosure of Your Personal Data

  1. Regardless of any choices you make concerning your Personal Data, Phizit may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Phizit; or (b) protect or defend the rights or property of Phizit or users of the Products or related services.

  2. If Phizit is involved in a merger, acquisition or sale of all or a portion of its assets, Phizit reserves the right to transfer user data and personally identifiable information to a party involved in the merger, acquisition or sale, to the extent such information is necessary to carry out the merger, acquisition or sale. In an event of such a merger, acquisition or sale, users will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. Except as otherwise stated in this policy, we do not sell, trade, share, rent or otherwise distribute the Personal Data collected from our services to third parties.

Opting out of our mailing lists

  1. You may request at any time that you be removed from any or all lists on which you had asked to be included previously by sending an email to phizit.com@gmail.com with “remove me” in the subject line.

Testimonials

  1. We post customer testimonials on our Site, which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. If you want your testimonial removed please contact us at phizit.com@gmail.com. By submitting a testimonial, you agree to grant Phizit a nonexclusive, royalty-free, worldwide and perpetual right to the information contained therein, and a right to reproduce and distribute such material, whether written, pictographic, videographic or otherwise without remuneration.

Social Media Features and Widgets

  1. Our Site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing these Social Media Features and Phizit may not be held responsible or anything contained therein.

Use of the Site and Site Content

  1. We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided herein (“Site Content”). The Site and all Site Content contained thereon is protected by copyright as a collective work under Canadian copyright laws, and is owned or controlled by, or licensed to, Phizit or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You abide by the following copyright and trademark notice with respect to such downloaded materials: © 2017 Phizit Labs. The Phizit logo and all associated trademarks and logos used herein are trademarks of Phizit Labs and are the sole property thereof. Other company and product names used herein are properties of their respective owners. All rights reserved.

  2. Phizit strives to provide accurate and complete information about its products and services, its business and its activities, and to provide updated information on the Site; however, Phizit does not warrant that any information on the Site is complete or free from error. Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content do not necessarily reflect the views of Phizit.

  3. Links may appear on the Site that are used to link to other site(s) which are not owned or operated by Phizit (“Linked Sites”). These links are provided solely as a courtesy to our Site visitors. Phizit reserves the right to add, change, decline or remove any link at any time without notice. Phizit has no control over the Linked Sites or the materials, information, goods or services available on these Linked Sites. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site, and we recommend that you review the policies applicable to these sites prior to your use. Phizit is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites. If you decide to access any of the Linked Sites, you do so entirely at your own risk.

Disclaimers and Limitation of Liability

  1. Disclaimers of Liability; No Warranty

    THE SITE OR PHIZIT RELATED PRODUCTS/APPS MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED "AS IS", “AS-AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Phizit, ITS AFFILIATES, ITS LICENSORS, AND ALL PERSONS OR ENTITIES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT, PRODUCTS OR SERVICES CONTAINED ON THIS SITE, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE SITE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR PRODUCTS AND/OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

  2. Limitation of Liability

    Phizit SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER CAUSED BY Phizit, SITE USERS OR ANY THIRD PARTIES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF Phizit HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. Phizit’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING Phizit’S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

  3. Indemnification

    You agree to defend, indemnify and hold Phizit harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site, or its products or services, or breach of these Terms of Use. You also agree to indemnify Phizit for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Governing Law; Dispute Resolution

In order to expedite and control the cost of disputes, you and Phizit (individually, a “Party”, or collectively, the “Parties”) agree that any legal or equitable claim relating to these Terms of Use (referred to as “Claim”) will be resolved as follows:

  1. Informal Resolution

    The Parties agree that they will first try to resolve any Claim informally. Accordingly, neither may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least thirty (30) calendar days after one Party notifies the other of a Claim in writing. Phizit will send its notice to your billing address, with a copy via email to your email address. You will send your notice to Phizit Labs, 13-300 New Toronto St., Toronto, ON M8V2E8.

  2. Formal Resolution

    If the Parties cannot resolve a Claim informally, the Parties agree to submit to personal jurisdiction in Ontario and agree that any and all Claims either Party asserts shall be exclusively brought in the appropriate provincial or federal court in the Province of Ontario, provided that neither Party shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.

  3. Governing Law and Jurisdictional Issues

    This Agreement is governed in all respects by the substantive laws of the Province of Ontario and Canada. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of Canadian export laws and regulations.

Suggestions and Feedback

  1. Phizit welcomes feedback or inquiries about our Products. If you elect to provide any feedback or comments of any nature to Phizit, all of such feedback and comments shall be the sole and exclusive property of Phizit, and Phizit shall have the right to use such feedback in any manner and for any purpose in Phizit’s discretion without remuneration, compensation or attribution to you, provided that Phizit is under no obligation to use such feedback.

Interpretation and Entire Agreement

  1. These Terms of Use form the complete and exclusive agreement between you and Phizit, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Phizit relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are provided your convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. In such an event, the remainder of these Terms of Use shall be interpreted so as to best affect the original intentions of the Parties herein.

Security of Your Application and Personal Data

  1. Phizit is committed to protecting the security of your data. We use a variety of industry-standard security technologies and procedures to help protect your data from unauthorized access, use, or disclosure. When you enter sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, note that Phizit cannot guarantee the absolute security of stored information, the Site, Products or services, and cannot fully eliminate security risks and mistakes and security breaches may occur. Phizit SHALL NOT BE HELD LIABLE FOR ANY DAMAGE OR LOSS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY, DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF ANY DATA, LOSS OF GOODWILL OR LOST PROFITS RELATING TO OR RESULTING FROM SECURITY RISKS, MISTAKES AND/OR SECURITY BREACHES, WHETHER MALICIOUS OR ACCIDENTAL. If you have any questions regarding security on our Site, please contact us at the information below.

Suggestions and Feedback

  1. Phizit welcomes feedback or inquiries about our Products. If you elect to provide any feedback or comments of any nature to Phizit, all of such feedback and comments shall be the sole and exclusive property of Phizit, and Phizit shall have the right to use such feedback in any manner and for any purpose in Phizit’s discretion without remuneration, compensation or attribution to you, provided that Phizit is under no obligation to use such feedback.

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