IMPORTANT: THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE FROM THE BETTER SOFTWARE COMPANY INC. ("PROVIDER") TO USE THE SERVICE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT PLEASE DO NOT USE THE SERVICE.

IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.

1.Definitions.

• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this Agreement, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity.
• "Customer" means the individual or entity entering into this Agreement to receive the Service from Provider.
• "Customer Data" means all data derived from Customer and/or its Users' use of the Service.
• "Documentation" means the online documentation for the Service, accessible via www.byBetterSoftware.com and www.TheBetterSoftwareCompany.com, as updated by Provider from time to time.
• "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
• "Service" means access to Provider's software-as-aservice offering called Better Software that enables Users to operate their businesses on a daily basis.
• "Service Fees" means the fees (as specified in the in the quotation and invoice) payable by Customer to Provider for the right to receive access to the Service.
• "Term" has the meaning ascribed to that term in Section 10.1.
• "User" means any individual or entity who is authorized by Customer to use the Service, and who has been supplied a user account and password by Customer (or by Provider at Customer's request) for the Service.

2.Grant of License.

• 2.1 Provision of Service. Conditioned on the provisions of this Agreement and payment of the applicable fees, Provider shall make the Service available to Customer during the Term.
• 2.2 User Accounts. User accounts are for use by designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Service.
• 2.3 Customer Affiliates. Customer Affiliates may use the Service subject to the terms of this Agreement. Customer shall cause each Customer Affiliate to comply with the terms and conditions of this Agreement to the full extent as if such Affiliate were a party hereto, and any act or omission relating to this Agreement by such Customer Affiliate shall be deemed an act or omission of Customer. In addition, each party may use one or more Affiliates to perform its obligations under this Agreement, provided that such use shall not affect such party's obligations hereunder and any act or omission by such Affiliate relating to this Agreement shall be deemed an act or omission of such party.

3.Use of the Service.

• 3.1 Provider Responsibilities. Provider shall: (i) make commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data; (ii) provide basic support to Customer's Users, at no additional charge; and (iii) use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (of which Provider shall give at least eight (8) hours notice via the Service and which Provider shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. Eastern Standard Time Friday to 3:00 a.m. Eastern Standard Time Monday); or (b) any unavailability caused by circumstances beyond Provider's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Provider employees), computer, telecommunications, Internet service Provider or hosting facility failures or delays involving hardware, software or power systems not within Provider's possession or reasonable control, and denial of service attacks.
• 3.2 Customer Responsibilities. Customer is responsible for all activities that occur in User accounts and for its employees', contractors' and agents' compliance with this Agreement. Customer shall: (i) use commercially reasonable efforts, including complying with all instructions provided by Provider, to prevent unauthorized access to, or use of, the Service, and notify Provider promptly of any such unauthorized access or use; and (ii) comply (and ensure its Users comply) with all applicable local, state, federal and foreign laws and regulations in using the Service, including without limitation all applicable privacy and export control laws and regulations.
• 3.3 Restrictions. Customer shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service; (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; or (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service.
• 3.4 Publicity. Each party may reference the name of the other party as a customer or vendor and may use the logo of the other party in accordance with the other party's standard guidelines.

4.Fees & Payment.

• 4.1. Fees. In consideration for the receipt of the Service, Customer shall pay Provider the Service Fees, all as specified in the Order Form. All amounts are payable in US dollars.
• 4.2. Invoicing & Payment. Unless otherwise stated in an Order Form, Fees for the Service will be invoiced on a monthly basis and are due upon receipt. Customer is responsible for maintaining complete and accurate billing and contact information with Provider.
• 4.3. Overdue Payments. Any payment not received from Customer by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Provider's discretion, late charges at the rate of 1.5% of the outstanding balance per month (19.57% per annum), or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
• 4.4. Taxes. Unless otherwise stated, Provider's fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Provider's net income or property. If Provider has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides Provider with a valid tax exemption certificate authorized by the appropriate taxing authority.
• 4.5 Suspension of Service. If Customer's account is thirty (30) days or more overdue (except with respect to charges then under reasonable and good faith dispute), in addition to any of its other rights or remedies, Provider reserves the right to suspend the Service provided to Customer, without liability to Customer, until such amounts are paid in full.

5.Proprietary Rights.

• 5.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Provider reserves all rights, title and interest in and to the Service and the Documentation and any other materials or content provided as part of the Service, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
• 5.2. Customer Data. As between Provider and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data. Customer Data is deemed Confidential Information under this Agreement. Provider shall not access Customer's User accounts, including Customer Data, except to respond to service or technical problems or at Customer's request or as necessary for the operation of the Service or billing. Customer hereby grants Provider a nonexclusive license for the Term (and for thirty (30) days thereafter) to use and otherwise exploit the Customer Data as reasonably required to provide the Service. Provider will have the right to create analytics, compile and freely use any data derived from Customer Data and/or data derived through use of the Service ("Derived Data"). For the avoidance of doubt, Derived Data does not include any raw Customer Data or Confidential Information of Customer, will not be used to identify Customer, and will be anonymized data which does not contain personal information. All right, title and interest in and to Derived Data will be owned by Provider.

6.Feedback.

• Provider shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual, unrestricted license to use, incorporate into the Service, or otherwise exploit any suggestions, enhancement requests, recommendations or other feedback ("Feedback") provided by Customer or its Users relating to the operation of the Service. For greater certainty, Provider shall have no obligation to modify the Service to implement any Feedback provided by Customer or its Users. Feedback provided to Provider must not be subject to any confidentiality obligations and must not be confidential or proprietary information belonging to Customer, User or any third party.

7.Confidentiality.

• 7.1. Definition of Confidential Information. As used herein, "Confidential Information" means all confidential and proprietary information of a party (the "Disclosing Party") disclosed to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement, the Customer Data, the Service, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
• 7.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission. Notwithstanding the foregoing, Provider may: disclose this Agreement to its actual and prospective investors, advisors and partners.
• 7.3. Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
  
• 7.4. Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
• 7.5. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate.

8.Warranties & Disclaimers.

• 8.1. Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement. Provider represents and warrants that (i) it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) the Service shall perform materially in accordance with the Documentation; and (iii) the Service will not contain or transmit to Customer any Malicious Code (except for any Malicious Code contained in User or Customer-uploaded materials or otherwise originating from Customer or a User.
• 8.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.Mutual Indemnification.

• 9.1. Indemnification by Provider. Subject to this Agreement, Provider shall defend, indemnify and hold Customer harmless against any loss, damage or costs (including reasonable attorneys' fees) awarded to a third party against Customer by a court of competent jurisdiction in any actions, lawsuits, or proceedings made or brought against Customer by a third party alleging that the use of the Service as contemplated hereunder infringes the intellectual property rights of a third party ("IP Claims"); subject to the condition that Customer (a) promptly gives written notice of each IP Claim to Provider; (b) gives Provider sole control of the defense and settlement of each IP Claim (provided that Provider may not settle or defend any IP Claim unless it unconditionally releases Customer of all liability); and (c) provides to Provider, at Provider's cost, all reasonable assistance in respect to each IP Claim.
• 9.2. Mitigation. If (a) Provider becomes aware of an actual or potential IP Claim, or (b) Customer provides Provider with notice of an actual or potential IP Claim, Provider may (or in the case of an injunction against Customer, shall), at Provider's sole option and determination: (I) procure for Customer the right to continue to use the Service; or (II) replace or modify the Service with equivalent or better functionality so that Customer's use is no longer infringing; or (III) if (I) or (II) are not commercially reasonable, terminate provision of the Service and refund to Customer any pre-paid Service fees for any periods after the termination of the Service, less any outstanding moneys owed by Customer to Provider.
• 9.4. Indemnification by Customer. Subject to this Agreement, Customer shall defend, indemnify and hold Provider harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with: (i) Customer or User's use of the Service; (ii) violation of this Agreement by Customer or User; (ii) violation of any rights of another or any applicable law or regulation by Customer or User; and (iii) any actions, lawsuits, or proceedings made or brought against Provider by a third party alleging that the Customer Data, or Customer's use of the Service in violation of this Agreement, infringes the intellectual property rights of, or has otherwise harmed, a third party or has caused damage to a third party's property ("Customer Claims"); provided, that Provider (a) promptly gives written notice of each Customer Claim to Customer; (b) gives Customer sole control of the defense and settlement of each Customer Claim (provided that Customer may not settle or defend any Customer Claim unless it unconditionally releases Provider of all liability); and (c) provides to Customer, at Customer's cost, all reasonable assistance in respect to each Customer Claim.

10.Limitation of Liability.

• 10.1. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING IN CONNECTION WITH THE USE OF THE SERVICE. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
• 10.2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 10.3. Certain Damages Not Excluded. NOTWITHSTANDING THE FOREGOING, NO LIMITATION OF EITHER PARTY'S LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO (I) DAMAGES ARISING FROM A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) DAMAGES ARISING FROM ANY INFRINGEMENT AND/OR MISAPPROPRIATION OF A PARTY'S INTELLECTUAL PROPERTY RIGHTS; OR (III) ANY CLAIMS FOR NONPAYMENT.

11.Term & Termination.

• 11.1. Term of Agreement. This Agreement shall commence as of the Effective Date and shall continue in effect for an initial term of one (1) month (such initial term referred to in this Agreement as the "Initial Term"). Thereafter, the term of the Agreement shall be automatically renewed monthly on the anniversary of the Effective Date for additional one (1) month renewal terms (any such subsequent renewal terms referred to in this Agreement as a "Renewal Term"), unless either party gives written notice of non-renewal to the other party at least thirty (30) days prior to the end of the Initial Term or any Renewal Term hereof. Collectively, the Initial Term and any subsequent Renewal Terms shall constitute the "Term".
• 11.2. Termination for Cause. A party may terminate this Agreement for cause: (i) upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Upon any termination for cause by Customer, Provider shall refund Customer any prepaid fees for any periods after the termination of the Agreement.
• 11.3. Outstanding Fees. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Provider prior to the effective date of termination.
• 11.4. Surviving Provisions. The following provisions shall survive any termination or expiration of this Agreement: Sections 4 through 12.

12.General Provisions.

• 12.1. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
• 12.2. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the second business day after sending by email. Notices to Provider shall be addressed to the attention of the Legal Department. Notices to Customer shall be addressed to Customer's signatory of this Agreement unless otherwise designated.
• 12.3. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
• 12.4. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
• 12.5. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, each party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
• 12.6. Governing Law. This Agreement shall be governed by the laws of the Province of Ontario, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
• 12.7. Venue; Waiver of Jury Trial. The courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
• 12.8. Force Majeure. Neither party shall be responsible for its failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labour problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party's possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.
• 12.9. Export. Customer acknowledges and agrees that the Service may be subject to export and import controls under the regulations of Canada, the United States and other countries, and Customer shall comply with all export and import control regulations of applicable countries. Customer shall not use the Service for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. Customer shall be responsible for procuring all required permissions for any subsequent export, import or use of the Service.
• 12.10. Entire Agreement. This Agreement, including any other documents referenced herein, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any schedule, exhibit or addendum hereto, the terms of such schedule, exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
• 12.11. Counterparts. This Agreement may be executed in counterparts, which taken together shall form one legal instrument.

The Better Software Company Inc. ("Company"/"we"/"us"/"our") is committed to protecting your privacy. This Privacy Policy describes how we collect, store, use and distribute information about visitors to our website located at http://www.thebettersoftwarecompany.com (the "Website").

 

Consent: By using the Website you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website or some of its features.

Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to maintain our Website, to respond to your inquiries and provide you with information you request. We will maintain the confidentiality of any contact information you provide to us we will use it only for thepurposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

 

Two types of information may be collected through the Website: Personal Information and Non‐Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non‐Personal Information (as defined further below).

 

"Personal Information" is personally identifiable information, such as your name, address, e‐mail address and credit card information. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use some of the features of the Website.

 

"Non‐Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to access the Website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical location of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, e‐mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

 

Although the use of certain Non‐Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website. Such Non‐Personal Information is collected or derived by us in the course of operating this Website. For example, our servers may automatically collect Non‐Personal Information that is provided through your browser or stored in a cookie.

 

Use of Information: We collect information for the following purposes:

 
• Signing up for a Demo: In order to sign up to receive a demo of our software, you must provide us with your full name, email address and phone number. We will use the information you provide to contact you directly or through our representatives for the purposes of arranging your demo.
• Signing up for our Newsletter: If you would like to receive our newsletter, you may opt‐in to do so by providing us with your email address. If you opt‐in to receive our newsletter, we will keep you up to date on our products and services. You may withdraw your consent to receiving our newsletter from at any time by following the opt‐out instructions in each email communication.
• Statistics: We collect statistics about use of the Website which we use for analytical purposes. Aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties without restriction.
• System Logs & Cookies: Cookies are used by us to track content usage and traffic on the Website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website uses cookies to help it compile aggregate statistics about usage of this Website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website. Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.
• Advertisements: Advertisements appearing on the Website may be delivered by us or one or more third‐party web advertisers. These third party web advertisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you. The Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third‐party web advertisers. For the privacy practices of such third‐party web advertisers, you should consult the applicable privacy policy for the relevant third‐party web advertiser(s).
• Third‐Party Links: The Website may contain links to other third‐party websites that are not owned or controlled by us. Such third‐party websites are governed by the terms and conditions and privacy policies of such third‐party providers and we are not involved in any interaction or transaction between you and such third‐parties.

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers: We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website only with our service providers and partners which include our website host, cloud service providers and analytics providers. Our service providers are located in Canada and the United States and accordingly your Personal Information may be available to Canadian and United States governments under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

From time to time we may employ third parties to help us improve the Website. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website visitors or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re‐organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as 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. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the home page. Any non‐material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changes.

Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up‐to‐date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: support@thebettersoftwarecompany.com.

Last Updated: March 2015