Experience Escapades Ltd. (the “Company”, “we”, “us”, “our”) respect and uphold individual rights to privacy and the protection of personal information while balancing such rights with our need to process your personal information to manage our business and deliver our products and services to you. Based on applicable privacy and data protection principles common to Canada and other jurisdictions to which we are subject, we have developed this privacy policy (the “Policy”) to explain our practices for processing your personal information. This Policy does not apply to our employees’ personal information or any anonymized information. 

This Policy describes our practices with respect to how we may collect, use, disclose, retain, dispose of and otherwise process (collectively, “process”), and how you may correct, update and access, your personal information that you provide as a user of (a) the website(s) operated by us at experienceescapades.com and other locations from time to time (collectively, the “Website”), and (b) our related content, products and services we provide through the Website (the “Services”). This Policy references the general Terms & Conditions for the Company available on our website at experiencescapades.com/terms-and-conditions and available for download on the Services prior to your use of our Services, and forms an integral part of thereof. All capitalized terms not otherwise defined herein have the meaning provided in our Terms & Conditions. Any reference to the “Services” includes a reference to any part of aspect of the Services.

PLEASE READ THIS PRIVACY POLICY CAREFULLY.  By using our Services or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected.  If you are located or residing outside of Canada, please be aware that our Services are intended for and directed to users in Canada, and the privacy laws and principles in Canada may differ and not offer the same level of protection as those in your location or residing country/region.  Through your use of our Services you are transferring your personal information to Canada and you expressly consent to that transfer. We will use this consent as the legal basis for such data transfer, unless otherwise stated in this Policy.   

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any aspect of the Services or otherwise provide any personal information to us.

1. Personal Information

For the purposes of this Policy, “personal information” means any information about an identifiable individual or any information that can be used, either alone or in combination with other information, to identify an individual (for example, an individual’s name, home address, telephone number and email address), but excludes any information that is exempted by applicable privacy laws.  For example, in Canada, personal information generally does not include any business contact information that is processed solely to communicate with that person about his or her employment or profession. 

The types of information we receive and collect depends on how our Services are used. We ‎require certain information to deliver our Services, without which we will not be able to ‎provide the Services. For example, a customer must provide their true legal name and date of birth, a valid email address and phone number to purchase our Services.‎

Directly Collected Personal Information

When you use our Services we may collect the following personal information from you: ‎

• Identity information such as first name, maiden name, last name, marital status, title, date of birth and gender;
• Contact information such as email address, mailing address, delivery address, and phone numbers;
• Payment information such as billing address, bank account and credit card information;
• Medical information such as medical conditions and dietary requirements or restrictions;
• Unique identifiers such as username, account number, and password; and
• Other information that you post or provide through the Services. 

Your personal information may be collected when 

• You register for an account on the Services;
• You connect with us through social media;
• You use the features of our Services, including posting comments/reviews or otherwise submitting user content; 
• You make purchases through the Services;
• You interact with us through the Services and otherwise; and
• You otherwise use the Services.

We only collect personal information that we need. We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.

Automatically Collected Personal Information

We, and out third-party partners, may also automatically collect information about you and any computer or device you use to access the Services, read our emails, or otherwise engage with us. Some of the information we collect, and ways we collect it include:

• Cookies.  When you visit or use the website, we may send one or more cookies - small text files containing a string of alphaneumeric characters - to your computer or device that allows us to uniquely identify your browser, computer or device. A cookie may also convey other information to us, such as: your Internet Protocol (IP) address, unique device identifiers, your browser setting and specifications, and information about how you use the website (e.g. the pages you view, the links you click, features and functionality you utilize, how frequently you access the website, and other actions you take on the website). Cookies also allow us to track your usage of the website over time. We use cookies for a number of purposes, including to: keep track of your preferences you specify while using the website; assist us to maintain and manage your status as logged in or logged out while you are using the website; estimate and report our total audience size and traffic; and conduct research to improve our content, products and services. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject some or all cookies, you may not be able to use the Services.
• Log Files.  We may record log file information each time you access the website. This information may include information such as: your IP address; browser type; unique device identifiers; information about your computer or device; number of clicks; how you interact with links, features or functionalities on the website; and other such information.
• Usage Data.  We may also collect information about the way you use our website, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click on, how frequently you access the website, whether you open emails or click the links contained in emails, whether you access the website from multiple devices, last login time, and other actions you take on the website. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the website and to understand more about the demographics of our visitors/users.

Collection from Third Parties

We do not knowingly collect personal information from third parties, unless you consent or we are otherwise exempted, required or permitted by applicable laws to do so. For example, we may collect your personal information from the following third parties:

• Your authorized representative(s);
• Organization(s) that you previously provided consent to in respect of their collection of your personal information, for example third-party ordering and delivery platforms (such as Square and Uber Eats); and
• Public sources in which your personal information is publicly available.

If we collect your personal information from a third party, we will only process that information for the specific purpose for which it was provided to us in accordance with this Policy and the policy under which that information was collected.

Links to Other Sites

Our website may contain links to other websites, applications or Internet resources (“Third-Party Services”) which are provided or made available solely for your convenience and information. When you click on one of those links you are contacting those Third-Party Services. We do not endorse and will have no responsibility or liability for, nor do we have any control over, those Third-Party Services or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those Third-Party Services to learn how they collect and use your personal information.

Information about Minors

Our website and Services are intended solely for users who are not minors (e.g. who are at least 18 years old). We do not knowingly collect personal information about anyone under the age of 18, and no minor, nor any parent or guardian as it relates to such minor, should submit such minor’s personal information to us through the website or otherwise for any reason and under any circumstances. By using our website, you are representing that you are at least 18 years old.  

If you believe that a minor has provided us with personal information, please contact us at the address indicated in Section 10 below and we will work to delete that data from our systems.

         2. Purpose for Which Personal Information is Processed

We may process your personal information for the following purposes (the “Purposes”): ‎

• To verify and authenticate your identity;
• To analyze user experience and improve the Services;
• To operate, maintain and provide to you the Services and all features thereof;
• To provide you with requested information, process your questions and/or answer queries;
• To communicate with you to provide you with information about us (including news releases, newsletters and information about upcoming promotions or events);
• To contact you with respect to your purchases or transactions; 
• To solicit feedback from you about your satisfaction and experience with our Services (including through occasional surveys);
• To communicate with you to provide you contacts, materials and/or recommendations for your needs in relation to the Services as identified by you through phone or email; 
• To carry out our obligations arising from any contracts or transactions entered into between you and us and process any transactions through our website;
• To comply with internal policies and procedures and other legal, accounting, or security requirements; and
• To share your personal information with our employees, contractors, consultants and other third party service providers such as website/application hosting providers, advertising agencies, payment processors or customer service agencies (“Third Party Processors”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing the Services for your use and benefit. Please note that we may change or add Third Party Processors at any time, in our sole discretion, either in Canada or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information.

We will only process your personal information for the Purposes for which we intend to process such information or as otherwise permitted by applicable laws. Otherwise, we will not process your personal information without your consent.

         3. Disclosure of Personal Information

We may disclose your personal information for the Purposes as described in this Policy in the following ways: 

• To our employees, contractors and agents on an as-needed basis;
• To our business partners;
• To our service providers including hotels, transportation providers and activity providers
• To law enforcement, government or regulatory bodies, or other lawful authorities, as strictly required by law.

Your personal information that we collect may be processed outside of your jurisdiction of residence, but only in relation to the Purposes and in accordance with applicable laws. As a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with other jurisdictions’ applicable laws.

         4. Legal Basis for Processing Your Personal Information 

Consent

We will process your personal information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested. Your consent may be expressed with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your email address through a form or email seeking information and we use those means to respond to your request. Your consent can also be provided by your authorized representative. Taking into account the sensitivity of your personal information, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal information being processed. By using our Services or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected. When we process your personal information for a new purpose, we will document that new purpose and ask for your consent again.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any aspect of the Services or otherwise provide any personal information to us.  

You may refuse to provide consent or may notify us at any time that you wish to withdraw or change your consent to the processing of your personal information without penalty, subject to legal or contractual restrictions and reasonable notice by: (i) changing your privacy preferences through the website, (ii) deleting your account with us, (iii) opting out of the use of your personal information by contacting our Privacy Officer (see Section 10 below). However, if you withdraw or change your consent, we may not be able to provide you with the Services.

Other Legal Bases 

Aside from consent, we may also process your personal information under other legal bases, as permitted by applicable laws.  

         5. Security of Personal Information 

The security of your personal information is important to us. We protect personal information using physical, technological and organizational safeguards. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

However, no method of transmission over the Internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the Internet. 

          6. Requests for Access to and Correction of Personal Information

Applicable privacy laws allow, to varying degrees, individuals the right to access or request the correction of errors or omissions in their personal information that is in our custody or under our control. You may request access to and review of your personal information in our possession. However, access may be declined where permitted or required by applicable law. If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.

You may request that we change or delete your personal information in our possession. We reserve the right not to change any personal information if we do not agree that it is inaccurate or outdated, but will append any alternative text the individual concerned believes appropriate.

         7. CASL Policy 

We are committed to compliance with Canada’s Anti-Spam Legislation (“CASL”). Any electronic communication we send to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message (a “CEM”) that we send. A CEM is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.

In addition to adopting and updating this Policy, we undertake various transparency initiatives to ensure we comply with CASL, which include:

• Consent.  We do not send you CEMs without your consent. This consent typically must be “express” (i.e. expressly acknowledged by you), but in certain circumstances can be “implied”. In other limited circumstances, consent is not required. We have modified or adopted our sign-up, registration and consent forms in order to ensure that your consent is meaningful (i.e. informed and freely given) as required by CASL. When we collect your electronic contact information, you will know the exact purposes behind the collection.
• Content.  We have adopted processes to ensure that our CEMs contain the following requirements prescribed under CASL, which will usually be in the footer of the CEM. We will:
  • Identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
  • Provide you with our contact information; and
  • Set out a clear, working unsubscribe mechanism or preference centre that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
• Clarity.  We ensure that each aspect of a CEM (including its header, content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.

If you receive a CEM from us but believe that you should not have or no longer wish to receive CEMs, we will aim to respect your preferences in a timely manner once you update them through our unsubscribe mechanism. CASL requires us to process unsubscribe requests within 10 business days. If you have any questions or concerns about our unsubscribe mechanism, you may contact us using the contact information provided in Section 10 below.

         8. Retention of Your Personal Information

We generally keep personal information for only as long as it is needed to accomplish the purposes for which it was collected, or as otherwise needed to comply with applicable laws, protect our interests, or for authorized or legitimate purposes. When personal information is no longer necessary or relevant for the identified purposes, or is otherwise no longer required or permitted to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to personal information. ‎

        9. Updates or Changes to this Policy

This Policy was last updated on April 15, 2023. We will occasionally update this Policy and revise the "last updated" date appearing in this paragraph.

If we make any material changes to this Policy, we will either: (i) notify you by email (sent to the email address listed in your account), or (ii) provide a notice on the Website or the Application, or otherwise through the Services, before the change becomes effective. It is important that you keep your email address up-to-date, and that you set your filter to accept emails from us.

Any changes to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notification. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes.  Your continued use of the Services signifies your acceptance of any changes to this Policy.

        10. Contact Information for Privacy Officer

You can direct any questions or concerns regarding our compliance with this Policy and our processing of your personal information to our Privacy Officer by emailing info@experienceescapades.com ‎We strive to offer a transparent, accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.

End of policy.