General Privacy Policy

Last modified: April 13, 2021

BEFORE USING PELLO OR OUR DIGITAL SERVICES, PLEASE READ THIS PRIVACY POLICY CAREFULLY to understand our policies and practices regarding your information and how it will be treated. By using Pello and our Digital Services (as defined below) you agree to the terms and conditions set out in this Privacy Policy. This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing information.

INTRODUCTION

This is a contract between you and RecycleSmart Solutions Inc. (“RS”, “our”, “we”, “us”) doing business as Pello. We are committed to safe data handling and protecting your privacy, when and wherever possible, while carrying out our mission of enhancing the efficiency and decreasing the environmental impact of waste management services.

To support that mission, we operate the Pello system and Pello devices (together, “Pello”). Using Pello, we may collect various types of Personal Information (as defined below) when you use our products and services, including:

  1. from physical Pello devices and associated services at your premises; and
  2. through Pello’s websites, web, and mobile phone application(s), social media pages, email messages, or other digital services

(collectively the “Digital Services”).

We are committed to the privacy of your information. We ensure that:

  1. confidentiality and privacy of information about you and all of our clients is respected and maintained;
  2. relevant information will only be disclosed in accordance with this Privacy Policy;
  3. only those authorised to use particular information will be given access;
  4. information we collect that is not publicly available will not be used for public gain or advantage of others; and
  5. personal, sensitive, or confidential information that we need to store, will be securely stored.

This Privacy Policy does not apply to information collected by:

  1. RS offline, or through any other means including on any other website operated by RS or any third party (including RS affiliates and subsidiaries); or
  2. any third party (including RS affiliates and subsidiaries), including through any application or content (including advertising) that may be linked to or be accessible from or on the Digital Services.
INFORMATION WE COLLECT

The Digital Services automatically collect and send us certain information about the waste and recycling systems at your premises or business (collectively, the “Waste Information”). Because your Waste Information may contain Personal Information (as defined below), for the purposes of the Privacy Policy, we consider the Waste Information to be included in the definition of Personal Information.

The Waste Information is collected for the purpose of providing the Digital Services. The Waste Information includes:

  1. consumption and related waste and recycling disposal data;
  2. photos and videos (including thermal and other imagery not on the visible spectrum) inside and surrounding waste receptacles including without limitation; bins, compactors, and dumpsters used for waste or recycling. We refer to any waste receptacle and any other such receptacle, without limitation, as “Bin” or “Bins”);
  3. physical and chemical properties of Bins and their contents;
  4. information collected by the Digital Services through the physical devices located at your premises;
  5. photographs captured from within the Digital Services located at your premises, including capturing aspects of the areas within the premises where Digital Services are installed, people using a given Bin, and sensitive information disposed of in a given Bin;
  6. location data including geo-location information of physical devices connected to or part of the Digital Services;
  7. information about current and historical waste and recycling usage and disposal at your premises;
  8. information about the internet connection associated with connectivity to the Digital Services, including IP addresses;
  9. any information you provide to us by using the Digital Services;
  10. information about Digital Services located at your premises, and any Bin to which they are attached, including installation and production information, makes, models, serial numbers, sizes, configurations, quantities, and particular locations within your premises;
  11. information about the attributes of a premises using the Digital Services, including other waste and recycling disposal products at your premises;
  12. information about the activities occurring where Digital Services products are located at your premises;
  13. performance information;
  14. operating parameters;
  15. control settings;
  16. system alerts.

We also collect Personal Information from and about you during your use of the Digital Services, including:

  1. information by which you (including any premises or business at which you utilize the Digital Services) may be identified, such as name, postal address, e-mail address, telephone number, or any other information the Digital Services collect that is defined as personal or personally identifiable information under applicable law;
  2. information concerning your internet connection, as well as the equipment, such as the on-site products, and software you use to access the Digital Services.
  3. information you provide when posting material using the Digital Services;
  4. information you provide when you report a problem with the Digital Services;
  5. records and copies of your correspondence (including email addresses), if you contact us;

(“Personal Information”).

In addition to the above, we automatically collect certain information when you use the Digital Services. With respect to the Digital Services, we collect such information through cookies, web beacons, and other tracking technologies. Such Digital Services information includes:

  1. Details of your visits and usage of the Digital Services, including location data and other communication data and the resources that you access and use on the Digital Services; and
  2. Information about your computer and internet connection, including your IP address, operating system, and browser type.
HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including Personal Information, for the following:

  1. identification, aggregation, and analysis of Digital Services usage, trends, and history including over a geographical area, utility district, or postal code, or other defined attribute;
  2. administering and otherwise operating the Digital Services;
  3. enabling you to use and benefit from the Digital Services;
  4. managing your relationship with us;
  5. presenting the Digital Services to you in an interactive and comprehendible manner;
  6. providing you with information about our products or services, the Digital Services, and responding to other inquiries from you;
  7. providing you with notices about your account or purchased products or services;
  8. general maintenance purposes regarding the Digital Services, including remote firmware updates and security patches to any Digital Services located at your premises;
  9. monitoring the performance of the Digital Services;
  10. remote diagnostics support, or other services related to the connectivity and operability to the Digital Services;
  11. carrying out our obligations to you or third parties, including as waste and recycling management and disposal services, as well as to enforce our rights arising from any other contracts entered into between you and us, including for billing and collection;
  12. providing you and other users with customized content, targeted offers, and advertising for our products and services;
  13. other business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, determining the effectiveness of our promotional campaigns, and operating and expanding our business; and
  14. in any other way we may describe when you provide the information and for any other purposes with your consent.

We will make commercially reasonable efforts to, unless otherwise required, anonymize all Personal Information including blurring faces and redacting any text that may be readable when captured by the Digital Services. You may be required to inform individuals at your premises that the Digital Services are in operation.

If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities

DISCLOSURE OF YOUR INFORMATION

We may disclose, without restriction, any information which is aggregated about our users and data collected by the Digital Services, so long as said information is not Personal Information, and does not identify any individual.

We may disclose Personal Information that we collect or you provide:

  1. to our subsidiaries and affiliates;
  2. to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with website development and optimization) and who are contractually obligated to keep Personal Information confidential, use it only for the purposes for which we disclose it to them, and with the same standards set out in this policy;
  3. to fulfil the purpose for which you provide it;
  4. for any other purpose disclosed by us when you provide the information;
  5. with your consent;
  6. in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of or RS’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by RS about our customers and users is among the assets transferred;
  7. to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law;
  8. to enforce or apply our terms of use if applicable and other agreements, including for billing and collection purposes.
  9. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of RS, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
TRANSFERRING YOUR PERSONAL INFORMATION

We operate the Digital Services using a server based in Canada. However, we may directly or incidentally process, store, and transfer Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

By submitting Personal Information or engaging with the Digital Services, you consent to this transfer, storage, or processing.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information.

We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Digital Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Digital Services like message boards, which any Digital Service visitor can view.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in any of the Digital Services.

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without your consent or further notice to you.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

By law you have the right to request access to and to correct your Personal Information we store. If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may also send us an email at: help@hellopello.io to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you delete your Personal Information from the Digital Services, copies of your Personal Information may remain viewable in cached and archived pages or might have been copied or stored by other Digital Services users.

Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at help@hellopello.io Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated in a conspicuous place within the Digital Services. If we make material changes to how we treat our users’ Personal Information, we will notify you through an email or conspicuous place within the Digital Services.

We include the date the Privacy Policy was last revised at the top of the page. You are responsible for periodically visiting this website and this Privacy Policy to check for any changes.

CONTACT INFORMATION AND CHALLENGING COMPLIANCE

We welcome your questions, comments, and requests regarding this Privacy Policy and our privacy practices. We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this Privacy Policy please contact us.