Cooledge Lighting Inc.

Terms and conditions

These Terms and Conditions of Sale (these “Terms”) apply to the purchase of Products a (as defined below) from Cooledge Lighting Inc. or any of its subsidiaries or affiliated corporations, including Cooledge, Inc., (collectively, "Cooledge"). All Purchase Orders, bills of lading and invoices for the Products or any delivery of the Products, including any services related thereto, shall incorporate and be subject to these Terms and together shall constitute the entire agreement between the buyer of the Products ("Buyer") and Cooledge (collectively, the “Agreement”). No other terms or conditions, including without limitation Buyer’s standard purchase order terms and conditions, will have any application to this Agreement or any transactions occurring pursuant hereto, unless specifically accepted in writing by Cooledge.

1. DEFINITIONS
“Products” means, LUMIscapes by Cooledge products that is listed on the Kanopi website, as may be updated from time to time .

"Purchase Order" means a written purchase order provided by Buyer or Cooledge.

"Specifications" means the technical specifications of Cooledge regarding the Products and their components.

"Taxes" means all taxes, duties, charges or levies by any multinational, federal, provincial, state, municipal, local or other governmental or public department, central bank, court, commission, board, bureau, agency or quasigovernmental body, including goods and services taxes, sales taxes and harmonized sales taxes but excluding taxes payable on Cooledge’s income or capital, which are now applicable or which may be imposed in the future.

2. PURCHASE ORDERS AND CONFIRMATIONS
Purchase Orders submitted by Buyer will not be binding until accepted by Cooledge by issuance of an order confirmation, at which time the Purchase Order shall become binding and non-cancellable. All information in an order confirmation is deemed correct unless Buyer notifies Cooledge of an error within one (1) business day following the issuance of the order confirmation.

3. INVOICES, CURRENCY AND TAXES
Cooledge will invoice Buyer, directly or via Kanopi, as stated in the applicable order confirmation. Unless otherwise agreed to in writing by Cooledge, prices in any Purchase Order or order confirmation are in the currency of the United States of America (USD). The prices in any Purchase Order or order confirmation are exclusive of Taxes, all of which will be paid by Buyer. Concurrently with payments to Cooledge hereunder, Buyer will remit to Cooledge all Taxes due in respect of the amounts payable by Buyer hereunder. If any Taxes are required to be withheld, then Buyer will pay Cooledge an amount such that the net amount received by Cooledge after withholding of such taxes will equal the amount that would have been otherwise payable.

4. PAYMENTS
a) Unless otherwise agreed to in writing by Cooledge, terms of payment for orders will be due upon the placement of the order. Unless otherwise expressly set forth in this Agreement or agreed to in writing by Cooledge, all payments and deposits are non-refundable.

5. DELIVERY AND QUANTITIES
a) Unless otherwise set forth on the order confirmation, all shipments of Products are Ex Works (Incoterms 2020) from the applicable Cooledge distribution or manufacturing facility, at which point the Products shall be deemed delivered. Delivery dates communicated or acknowledged by Cooledge are approximate only, and Cooledge shall not be liable for, nor shall Cooledge be in breach of its obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date. Cooledge agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that provides all necessary order and delivery information sufficiently prior to such delivery date.

b) Buyer will give Cooledge written notice of failure to deliver and fifteen (15) days within which to cure. If Cooledge does not deliver within such fifteen (15) day period, Buyer’s sole and exclusive remedy is to cancel the affected and undelivered portions of the Agreement.

c) Buyer must give Cooledge written notice of any damage that occurred during shipping, or any missing items from order, within 3 days of delivery for appropriate replacement or credit.

d) Title in the Products and risk of loss in the Products shall pass to Buyer upon delivery to the first carrier at the Cooledge distribution or manufacturing facility.

e) If Buyer fails to take delivery of Products ordered, then Cooledge may deliver the Products in consignment at Buyer’s cost.

f) In the event Cooledge production is curtailed for any reason, Cooledge shall have the right to allocate its available production and Products, in its sole discretion, among its various customers and as a result may sell and deliver to Buyer fewer Products than specified in the Agreement, as the case may be.

g) For Products that require installation by Cooledge’s certified installers, Cooledge requires a minimum of four (4) weeks’ notice for scheduling onsite work.

Buyer must provide no less than forty-eight (48) hours prior written notice in order to cancel any such onsite work. If less than forty-eight (48) hours’ notice is provided, Buyer will be invoiced and held liable for all costs associated with rescheduling, second trips, and/or cancellation. Installation services are deemed delivered upon completion.

6. FORCE MAJEURE
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Cooledge, Cooledge is unable to perform in whole or in part any obligation under this Agreement, Cooledge shall be relieved of that obligation under this Agreement to the extent and for the period that it is so unable to perform and shall not be liable to Buyer or any other third parties in respect of such inability.

7. INFORMATION AND DRAWINGS
All descriptive specifications, illustrations, drawings, data, dimensions and weights furnished by Cooledge or otherwise contained in catalogues, price lists and other advertising matter of Cooledge are approximate only and are intended to be by way of a general description of the goods and shall not form part of the contract. Information is subject to change at any time at Cooledge’s sole discretion.

8 LIMITED WARRANTY AND LIMITATION OF LIABILITY
1.1 Limited Warranty; Disclaimer of Warranties. The limited warranties attached hereto as Addenda A and B shall apply to the Products and Installation and Operational Advice Services (as defined in Addendum B), respectively. OTHER THAN THE LIMITED WARRANTIES ATTACHED HERETO AS ADDENDA A AND B, ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED INCLUDING, WITHOUT LIMITATION, EXPRESSED AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. It is understood and agreed that Buyer shall be solely responsible for any warranty terms or obligations that Buyer grants to a third party beyond those provided hereof by Cooledge. Cooledge shall have no liability under any limited warranty, unless Cooledge is notified in writing promptly upon Buyer’s discovery of the defect and the defective items are returned to Cooledge or its distributors via a return merchandise authorization, freight prepaid, and received by Cooledge or its distributors not later than ten (10) days after expiration of the warranty period specified in the applicable Addenda attached hereto.

1.2 Limitation of Lability. COOLEDGE’S LIABILITY TO BUYER ARISING OUT OF OR RELATING TO ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID BY BUYER TO COOLEDGE FOR SUCH PRODUCTS OR SERVICES. IN NO EVENT WILL COOLEDGE BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY OTHER SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER COOLEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9. INFRINGEMENT
1.1 Intellectual Property Infringement. Subject to Sections 10.2 and 10.3, Cooledge will defend, at its own expense, any action against Buyer brought by a third party to the extent that the action is based upon a claim that the Products infringes such third party’s U.S. or Canadian patents or copyrights or misappropriates such party’s trade secrets (an “Infringement Claim”) and Cooledge will pay those losses in respect of the Infringement Claim that are specifically attributable to the Infringement Claim or those costs and damages agreed to in a monetary settlement of such action; provided Buyer (i) notifies Cooledge of the Infringement Claim promptly in writing after receiving notice of such claim, (ii) tenders to Cooledge sole control over the defense and settlement of the Infringement Claim and any negotiation for its settlement or compromise, provided that Buyer may (at its own cost) appoint its own counsel to monitor any such Infringement Claim and settlement proceedings to the extent that the same relate to or might affect Buyer, (iii) does not take a position that is adverse to Cooledge, and (iv) at Cooledge’s expense and request, provides reasonable assistance in the defense and settlement of any Infringement Claim.

1.2 Alternative. If Buyer’s use of the Products is prevented by injunction or court order because of an Infringement Claim, or, in Cooledge’s opinion, the Products are likely to become the subject of an Infringement Claim, then Cooledge, at its sole discretion and at no additional expense to Buyer, may either (i) procure the right for Buyer to continue using the Products, or (ii) replace or modify the Products so that such Products become non-infringing, without a material reduction in functionality or performance. If Cooledge determines that neither (i) nor (ii) is commercially practicable, Cooledge may elect to terminate Buyer’s right to use the infringing Products and refund the portion of the purchase price paid by Buyer for the infringing Products representing the remaining useful life of such Products, as reasonably determined by Cooledge.

1.3 Exclusions. Cooledge will have no obligation to Buyer, if an Infringement Claim results from or is related to (i) a modification of the Products made by, or at the request or direction of Buyer, (ii) the combination of the Products with an item not supplied by Cooledge, or (iii) the use of the Products in a manner not intended by the Documentation.

1.4 Exclusive Remedy. The rights granted to Buyer under this Section 10 shall, to the extent permitted by law, be Buyer’s sole and exclusive remedy for any Infringement Claim.

10. INDEMNIFICATION
Buyer shall indemnify, defend and hold harmless Cooledge, and its directors, officers, employees, agents, successors and assigns, from any and all losses, damages, penalties, claims and suits, including attorneys’ fees and expenses, resulting from or arising out of (a) Buyer’s use or installation of the Products in an manner not permitted under the Specifications or otherwise authorized by Cooledge in writing, (b) Buyer’s breach of this Agreement, (c) the negligence, recklessness or willful misconduct of Buyer or its employees or agents, or (d) the failure of Buyer to comply with any applicable laws.

11. INTELLECTUAL PROPERTY
The Buyer acknowledges that any and all of the patents, trademarks, copyrights, industrial designs, know-how, and other intellectual property rights, as the case may be, related to the Products, their use and/or their manufacture, along with all services, data, drawings, software, or other technical information supplied by Cooledge to Buyer, are and shall remain the property of Cooledge or its third party suppliers, as the case may be. The Buyer undertakes to refrain from questioning or disputing the ownership or validity of any of such rights owned by Cooledge or its third party suppliers.
Cooledge’s data, drawings, software, designs or other technical information shall not be reproduced or disclosed without Cooledge’s prior written consent. The Buyer shall not and shall not allow any third party to modify, reverse engineer, disassemble, decompile, create other works from or determine the composition of the Products or any of Cooledge’s data, drawings, software, designs or other technical information, or any intellectual property rights therein or thereto.

12. CONFIDENTIALITY
Buyer acknowledges that all technical, commercial and financial data disclosed to Buyer by Cooledge is the confidential information of Cooledge. Buyer shall not disclose, release or sell any such confidential information to any third party and shall not use any such confidential information for any purpose other than as necessary to use and implement the Products for its own internal business purpose or as agreed to by Cooledge in writing.

13. MISCELLANEOUS
a) Export Control. Buyer shall comply with all export laws, restrictions and regulations having application to it, whether of Canada, the United States or any foreign agency or authority, and has not and will not export, re-export or use, directly or indirectly, any Products or other materials received under this Agreement in violation of any such applicable laws, restrictions or regulations.

b) Severability. If a court of competent jurisdiction holds any provision, or part of any provision, of this Agreement to be illegal or invalid, the provision, or the affected part of such provision, shall be null and void and deemed automatically severed from this Agreement. Any such determination shall not affect the legality or validity of the remaining provisions or remaining parts or unaffected provisions of this Agreement.

c) Commencement of Action. Except for actions for non-payment, neither the Buyer or Cooledge may commence an action under these this Agreement more than two (2) years after the occurrence of an event of default, or in the event such default is not discoverable by the injured party when it has occurred, more than two (2) years after such default could, and in the exercise of due diligence, would have been discovered.

d) Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter, and supersedes all prior discussions or agreements related to the same.

e) Assignment. Buyer shall not assign its rights or obligations under this Agreement without the prior written consent of Cooledge, which consent may be withheld in Cooledge’s sole discretion.

f) Governing Law. This Agreement will in all respects be governed by the laws of British Columbia, Canada without reference to principals of conflicts of laws. Subject to Section 15, the parties attorn to the exclusive jurisdiction of courts in the Province of British Columbia. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and all implementing legislation thereunder

g) General; Waiver of Trial by Jury. Buyer acknowledges and agrees that Buyer is executing this Agreement voluntarily and without any duress or undue influence by Cooledge or anyone else. Buyer further acknowledges and agrees that Buyer has asked any questions needed for Buyer to understand the terms, consequences and binding effect of this Agreement and fully understand it, including that Buyer is waiving Buyer’s right to a jury trial.

14. ARBITRATION
Any and all controversies, claims, or disputes arising out of, relating to, or resulting from Buyer’s purchase of Products or this Agreement, or in respect of any legal relationship associated therewith or arising therefrom, shall be referred to and finally resolved by arbitration administered by the Vancouver Arbitration Centre pursuant to its applicable rules (“Rules”). The place of arbitration shall be Vancouver, British Columbia, Canada and the language of the arbitration shall be English. The number of arbitrators shall be one. Except as provided by the Rules, arbitration shall be the sole, exclusive and final remedy for any dispute between Buyer and Cooledge. Accordingly, except as provided for by the Rules, neither Buyer nor Cooledge will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding the foregoing, Cooledge may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and Buyer agrees that that this Agreement is specifically enforceable by Cooledge through injunctive relief and other equitable remedies without proof of monetary damages.

ADDENDUM A

LIMITED WARRANTY FOR PRODUCTS
Cooledge warrants that, for a period of five (5) years from the shipment date of any such Products, the Products manufactured, distributed or sold by it will (i) be free of any claim of ownership by third parties, and (ii) be free from defects in materials and workmanship under normal use, handling, warehousing and service (the “Limited Warranty”). Should Products fail to operate in accordance with the Limited Warranty, Cooledge will, at its sole discretion, repair or replace such Products, freight prepaid, or credit Buyer for the portion of the purchase price paid by Buyer for the non-conforming Products representing the remaining useful life of such Products, as reasonably determined by Cooledge. For clarity, the repair or replacement of a defective Product shall not include any removal or reinstallation costs or expenses, including without limitation labor costs, cost of fabric or materials, cost of access or other expenses. Cooledge reserves the right to test the returned Product prior to issuing any credit or replacement Product. In the event that credit has been issued or a replacement Product has been sent and the original Product is found to be not defective, Cooledge reserves the right to reverse the credit or invoice Buyer for the replacement Product and any freight charges previously paid by Cooledge for the returned Product and replacement Product. In the event a Product has been discontinued or is no longer available, Cooledge may substitute it with a comparable item.

The Limited Warranty does not apply to Products which are (a) incorporated into any third-party product, instrument or device; (b) identified by Cooledge as prototypes or pre-production products; (c) the object of modifications or customizations meeting the Specifications provided by the Buyer; (d) items dissembled, repaired, modified or altered by any party other than Cooledge; (e) items used in conjunction with equipment not provided by, or acknowledged as compatible by, Cooledge; (f) subjected to unusual physical, thermal or electrical stress; (g) damaged due to improper installation, misuse, abuse, contamination, operation or storage or exposure to improper electrical values, operating ranges or environmental conditions; (h) damaged due to accident or negligence in use, storage, transportation or handling; (i) manufactured or sold by Cooledge but are made available to the Buyer or market under a separate or private label; or (j) where any damage or failure to perform is a result of an Act of God or use in violation of any applicable standard, code or instructions for use in the applicable country of sale.

ADDENDUM B

LIMITED WARRANTY FOR INSTALLATION AND OPERATIONAL ADVICE SERVICES
Cooledge may perform directly or through third parties certain services related to the installation of the Products, which may include, amongst other things, advising on the installation and performance of the Products (collectively, the “Installation and Operational Advice Services”).

COOLEDGE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATED TO THE INSTALLATION AND OPERATIONAL ADVICE SERVICES AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS OF USE FOR A PARTICULAR PURPOSE, RELATING TO THE INSTALLATION AND OPERATIONAL ADVICE SERVICES. COOLEDGE WILL NOT BE RESPONSIBLE FOR ANY ACTION TAKEN BY BUYER IN FOLLOWING OR DECLINING TO FOLLOW ANY OF THE COOLEDGE’S ADVICE OR RECOMMENDATIONS WITH RESPECT TO THE INSTALLATION AND OPERATIONAL ADVICE SERVICES. WITHOUT LIMITING THE FOREGOING, THE INSTALLATION AND OPERATIONAL ADVICE SERVICES PROVIDED BY COOLEDGE HEREUNDER ARE FOR THE SOLE BENEFIT OF BUYER AND NOT ANY UNNAMED THIRD PARTIES.

BUYER HEREBY RELEASES AND FOREVER DISCHARGES COOLEDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS-IN-INTERESTS, HEIRS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, COMPENSATION, AND PROMISES, WHETHER IN LAW OR EQUITY, WHICH, BUYER, ITS RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS SHALL OR MAY HAVE AGAINST THE RELEASEES IN THE FUTURE AS A RESULT OF THE INSTALLATION AND OPERATIONAL ADVICE SERVICES OR BUYER’S USE OF OR RELIANCE ON THE INSTALLATION AND OPERATIONAL ADVICE SERVICES .
IN NO EVENT WILL COOLEDGE OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE INSTALLATION AND OPERATIONAL ADVICE SERVICES, INCLUDING LOSS OF DATA, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER COOLEDGE HAS BEEN NOTIFIED OF THE POSSIBILITY OR THE FORESEEABILITY OF SUCH DAMAGES, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE COOLEDGE’S LIABILITY WITH RESPECT TO THE INSTALLATION AND OPERATIONAL ADVICE SERVICES SHALL NOT EXCEED US$100.00. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

ADDENDUM C

STANDARD RETURN POLICY
Purchases of “LUMIscapes by Cooledge” Products are covered by the following Cooledge Standard Return Policy. All Purchase Orders are binding and non-cancellable. Returns for refunds are provided in limited circumstances, may include additional charges, and are only available if Cooledge is notified within three (3) business day of delivery.

Note: If your product has arrived damaged or doesn't work properly, please refer to the "Damaged & Defective Goods Policy" below.

Return Process

1. Acquire authorization and instructions: To begin the return process, please call 1-844-455-4448 (Option #6) or email Kanopi@cooledgelighting.com within three (3) days of delivery. In most cases we will email you a Return Manufacturer Authorization (RMA) number to return the product along with return instructions. Note that we may require photo evidence of damage in advance of providing an RMA number.

2. Shipping product back: The Customer is responsible for arrangement of shipping back to Cooledge. Ship the item to the warehouse address listed on the return authorization. Below are the requirements to fulfill an RMA return:

• Original Packaging: Re-pack products for return in the original box with original packaging material.

• Use the return label provided or your own label and write the RMA# exactly as instructed by our staff. Do not write on the box to maintain its like-new condition. Improper labeling may result in the denial of return.

• Ship & Insure: Next, ship the product, shipping prepaid, to the warehouse address provided using a carrier that will provide both a tracking number as well as a signature that the item was confirmed delivered. If we are unable to confirm delivery of your item, this may result in the denial of the RMA.

• Tracking Number: Use a carrier that will provide you with a return tracking number as this will speed up your return process. Retain your tracking number and email it to Kanopi@cooledgelighting.com so that we can check on the progress of your return.

• You will have 7 days in which to return the product from the date that we provide you with the RMA. After 7 days, the Return Authorization will expire and no replacements or refunds will be given.

• In the event that a return becomes damaged on its way back to the return destination, we will inform you via email or phone that the item was received damaged and hold the product for up to 15 days. It is the customer's responsibility to file a claim with the shipping carrier and instruct us concerning what to do with the damaged product. If we have not received notification or response from the customer within 14 days, the RMA claim will be denied and the item will be donated or destroyed.

Privacy statement

WHAT’S IN THIS PRIVACY POLICY?

• Meaning of Personal Information

• Your Consent to Collection, Use and Disclosure

• Personal Information We Collect

• How We Use Your Personal Information

• How We Share Your Personal Information

• Opting Out of Communications

• Retention of Personal Information

• Information Security

• Accessing and Updating Your Personal Information

• International Transfer and Storage of Information

• Third Party Websites and Services

• Children’s Information

• Privacy Statement Updates

• Contact Us

Meaning of Personal Information
"Personal information" means information about an identifiable individual. This information may include, but is not limited to, your name, mailing address, e-mail address and telephone number

Personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.

Your Consent to Collection, Use and Disclosure
We collect, use and disclose your personal information with your consent or as permitted or required by law. How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this privacy statement.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.

If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this privacy statement.

Personal Information We Collect
The personal information we collect is generally in one or more of the following categories.

Products and Services. For individuals who use our products and services, we may collect information from you or from your use of our products or services.

• Information you submit to us: we collect information that you submit through your use of our products or services, including information you provide in connection with the creation and management of your account for our products or services, such as your name, e-mail address and other contact information and password.

• Information we automatically collect: we collect log data and usage information relating to your use of our products and services.

Website. For individuals who visit our website located at www.cooledgelighting.com or any of our related websites (collectively, “our website”), we may collect information from you or from your activities on the site.

• Like most websites and other Internet services, we may collect certain technical and device information about your use of our website. Such information may include your Internet protocol address, information about your device, browser and operating system, and the date and time of your visit.

• We may also use “cookies” or enlist third party services which use cookies to track your preferences and activities on our website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences, making your
subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their users. Most browsers are designed to accept cookies, but they can be modified to block cookies. See your browser’s help files for more information. You should note, however, that without cookies some of our website’s functions may not be available.

Other Interactions. For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products or services, who sign-up to receive newsletters or other communications, or who respond to surveys and questionnaires, we may collect information that you provide to us during these interactions. This information may include your name, e-mail address and other contact information.

We do not collect payment card information. If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service provider and your payment card information is collected and processed by that service provider.

How We Use Your Personal Information

• We may use your personal information and other information for purposes such as:

• to provide you with our products and services and to support your use of our products and services;

• to contact you relating to our products and services;

• to monitor and improve our products and services, and to develop new products and services;

• to analyze the needs and activities of our customers to help us better serve them;

• to conduct research and analysis related to our business, products and services;

• to respond to inquiries and other requests;

• to collect opinions and comments in regard to our products and services;

• to provide you with information that we think may interest you, including in regards to our products and services; and

• to investigate legal claims.

We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

We do not use the information we collect to provide advertising of third party products and services or targeted advertising of Company products and services across third party websites or service offerings.

How We Share Your Personal Information
We rely on third party services providers to perform a variety of services on our behalf, such as e- commerce providers, payment card processers, telephone and technical support providers, hosting, data storage and processing service providers, and research and analytics providers.

If we provide your information to service providers, then we require that the service providers maintain the confidentiality of your personal information and keep your personal information secure. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information in the “Contact Us” section below.

Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

Opting Out of Communications
If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us, or, if you created an online account when you registered to receive our emails, you may log-in to your account and make changes to your communication preferences. You may also opt-out by contacting us directly using the contact information in the “Contact Us” section below.

We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.

Retention of Personal Information
We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law.

Information Security
We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

Despite the measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below.

Accessing and Updating Your Personal Information
We will take steps to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary. We will not routinely update your personal information, unless such a process is necessary. We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law. You may also challenge the accuracy or completeness of your personal information in our records. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal information. Any such identifying information will be used only for this purpose.

International Transfer and Storage of Information
Your personal information may be stored and processed in any country where we have facilities or in which we engage third party service providers. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

Third Party Websites and Services
This privacy statement applies only to our products and services. This privacy statement does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services.

Children’s Information
Our products and services are not intended for children under the age of 16, and we do not knowingly collect personal information from children under the age of 16. Children under the age of 16 should not use our products and services and should not provide us with their personal information.

Privacy Statement Updates
This privacy statement is current as of the “updated” date which appears at the top of this page. We may modify this privacy statement from time to time. When changes are made to this privacy statement they will become immediately effective when published in a revised privacy statement posted on our website unless otherwise noted. We may also communicate the changes through our services or by other means. By submitting your personal information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this privacy statement, you consent to our collecting, using and disclosing your personal information as set out in the revised privacy statement.

Contact Us
All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent to our Privacy Officer as follows:

Address:
Attention: Privacy Officer
110-13551 Commerce Parkway Richmond, British Columbia V6V 2L1

By Email:
privacy@cooledgelighting.com

Cooledge Lighting Inc.

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