Terms of Use & Privacy Notice

Who we are

The Perks app and Perks web application are collectively referred to as the "Platform". The terms “we”, “us”, and “our” refer to The Students' Union, The University of Alberta (the creator and operator of the Platform) as well as to the additional student associations responsbile for the delivery and promotion of the Platform at their own academic institution, as the context requires. 

The term "Terms" refers to these Terms of Use & Privacy Notice. (That's a bit of a tongue-twister, isn't it?)

Who you are

The term “user,” “you” and “your” refers to Platform users and any other visitors that access the Platform.

To access or use the Platform, you must be 16 years or older. We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact us at support@perksapp.ca.

The Platform is only open to users with an active relationship to a post-secondary institution in Canada at which the Platform is currently in use. This includes, but is not necessarily limited to, students. You may be required to authenticate with an email address issued by a relevant post-secondary institution in order to access the Platform.

You agree that any information you give us in your use of the Platform will always be accurate, correct and up to date. You must not impersonate someone else or provide account information, an email address or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Platform, violate any laws in your jurisdiction. We reserve the right to cancel your participation in the Platform without notice or compensation, if you provide false information to us.

What you'll get

By logging on to the Platform you will be provided access to a variety of events, surveys, quizzes and other interactions that you may choose to complete and/or participate in. Any activities you choose to participate in is purely voluntary on your part. Any credits or points collected or earned in the Platform have no cash value, and are subject to expiration, limitation or cancellation by us without notice at any time.

Nothing in life is perfect

Information, services and benefits provided on and through the Platform are subject to change without notice. The information contained in the Platform is provided on an "as is" basis. We make no representation or warranty that the information, services and benefits provided, regardless of its source (the “Content”), is accurate, timely, complete, reliable, useful, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Content.

What information we collect

Logging in to or otherwise accessing the Platform provides us with personally identifying information. This information includes your name and email address associated with the email account that you used to log in, as well as any other personal information you explicitly provide to us through your use of the Platform.

We collect the information you enter into the Platform and the interactions you have with the system. This information includes, but is not limited to, answers to surveys and quizzes, geotagged event attendance, self reported demographics, preferred names, external module completion, promotional code redemption, shop redemption, and associated metadata.

Use of the Platform generates metadata. This information includes Internet Protocol addresses, browser type, Internet Service Provider, referring and exit pages, operating system, device specifications, date and time stamp, and clickstream data.

What we do with the information

Your personally identifiable information is used for authentication and account management. Your contact information may be used by the Platform to send you targeted messaging. Your contact information may be released to third parties as required for the redemption of prizes and contests. Entry into contests run through the Platform may require publicly releasing the name of winning entrants.

All information collected through use of the Platform will be depersonalized before being viewed by anyone not responsible for administering the Platform. Depersonalized information collected from activities clearly marked as third party or sponsored may be shared with those third parties. Aggregate reports generated from the collected information may be released publicly.

Metadata will be used for analytics, system monitoring, and system debugging.

We will comply with legal court orders to release private information.

The system is monitored for unauthorized access or use. Personally identifiable user information may be tied to metadata during the course of an investigation.

We use third party tools such as Google Analytics.

Account deletion requests

Upon request, we will delete your account and any associated personally-identifying data stored in the Platform. Please email an account deletion request to support@perksapp.ca using the email address associated with your account with the subject line 'Account Deletion Request'. Please note that account deletion is permanent, and cannot be reversed. Upon account deletion, your activity history, points balance, raffle entries, shop redemptions and other credits will be lost permanently. 

Limitation of liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Platform. Additionally, we will not be held liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.

Links to other sites

Where the Platform contains links to other sites and resources provided by third parties, these links are provided as a convenience to users. We have no control over the contents of those sites or resources and accept no responsbility for them or for any loss or damage that may arise from your use of them.

If you get us into trouble, you help get us out

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Platform. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of headings (don't take the silly stuff too seriously!)

The subject headings listed in these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

All the legal stuff is contained on this page

These Terms constitute the entire agreement between you and us pertaining to the Platform and supersedes all prior and contemporaneous agreements, representations, and understandings between you and us. No waiver of any of the provisions of these Terms by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Students' Union, The University of Alberta.

How to get in touch with us for the serious stuff

All notices, requests, demands, and other communications pertaining to these Terms or your use of the Service shall be in writing and be communicated by e-mail to support@perksapp.ca.

What law applies

These Terms shall be construed in accordance with, and governed by, the laws of the province of Alberta, Canada. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Sometimes things change

We may modify these Terms at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Platform. Continued use of the Platform by you constitutes your acceptance of the amended Terms. We may at any time change or discontinue any aspect or feature of the Platform without notice.

These terms might not be perfect either

If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

You are irreplaceable

These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicenseable or otherwise transferable by you, except upon written approval by The Students' Union, The University of Alberta. Any transfer, assignment, delegation or sublicense by you is invalid.

 

Last updated September 20, 2024