Terms of Use

Definitions

1. FINLITI Corporation, its parents, affiliates or subsidiaries may be referred to as “FINLITI”, “We”, “Us”, “the Platform”, or “the Site”;

2. Any person or corporation or other legal entity who has been granted authorized access by FINLITI to the FINLITI Site may be referred to as either: “You”, “User” or “Client”;

3. The services that FINLITI provides, which include, but are not limited to; campaigns, funding rounds, white papers, teaching materials, articles, etc., will be referred to as either: “Service” or “Services”;

4. Any material, information or social media available on the Site, including any material, information or social media uploaded by a Client will be referred to as “Content”.

5. FINLITI’s Chief Compliance Officer may be referred to as “CCO”.

6. FINLITI’s Chief Information Officer may be referred to as “CIO”.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada. You agree that FINLITI and its services are deemed a passive website that does not give rise to personal jurisdiction over FINLITI or its parent(s), subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders either specific or general.

Jurisdiction

The information on this website is primarily intended for Canadian residents, but we welcome conversations from all parts of the world.

Purpose of the Site

FINLITI is intended as an educational and discussion platform focused on the securities markets. Our goal is to reduce your anxiety and uncertainty around investing and to give you the information you need to put your money to work for your long-term financial goals.  

FINLITI does not provide investment advice, strategies, or recommendations. FINLITI will not recommend any security and will not solicit clients for the purpose of giving financial advice. 

FINLITI encourages open discussion; however, any investing opinions, strategies, or recommendations that you may see on this page are those of individual clients and do not reflect the views of FINLITI.

Electronic Delivery

By accessing our site with FINLITI you consented to receive from FINLITI all communications including notices, agreements, legally required disclosures or other information in connection with the Services electronically. FINLITI may provide electronic notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically, you must discontinue your use of the Services.

We Assume You Have Given Us Implied Consent for Some Uses

By accessing our site or using any of our services, we assume you consent to receive the products and services and information relevant to them including service notifications, personalized content and services, relevant advertising, and other communications regarding our products, services and promotions.

Uses You Can Explicity Consent To

By participating in the survey and voluntarily providing personal information required for entry, you consent to the collection, use and disclosure of the personal information provided in the survey entries by FINLITI , or its designated agent, for the administration of the survey, in aggregated, non-personal form in order to create reports regarding survey responses. This personal information will not otherwise be sold or transmitted to third parties except to third-party agents and service providers that may be engaged to assist FINLITI  either with the administration of the contest or with the market research. All such third-party agents and service providers will be required to maintain the confidentiality of this information, use the information only to provide services to FINLITI  in connection with those purposes for which the participant has given consent to FINLITI  and to protect the security of the information while in their possession or control. 

Further, by participating in the survey and entering the contest, the winner agrees that his or her name, province or territory of residence, any statements made relating to the survey may be used byFINLITI  for any and all commercial purposes, whether now known or hereafter devised, without further permission or compensation, except where prohibited by law.

By entering the survey, you agree that all entries will become the sole property of FINLITI and consent to the collection, use and disclosure of the personal information provided in the survey entries for the administration of the survey and in aggregated, non-personal form in order to create reports regarding survey entrant demographics. If you wish to contact us regarding the survey or any privacy matters, you can do so via email at info@finliti.com.

Withdrawing Your Consent or Changing Your Personal Information

If at any time you would like to unsubscribe from marketing and/or service email communications from FINLITI, click the unsubscribe link provided at the end of all non-essential communication from FINLITI. 

If you wish to make a change to your personal information, please send an email to info@finliti.com

Use of FINLITI Site

You will use the FINLITI site for the purpose for which it was intended (e.g. to access the Services provided by FINLITI). You will not use the Site for any other purpose, whether personal or commercial. The site is provided only for your personal, non-commercial use, unless otherwise provided by FINLITI. You are responsible for all your activity in connection with your use of FINLITI services on the Site.

You will comply with all FINLITI requirements applicable to you being granted access, including FINLITI rules, policies, rulings, and procedural requirements and any additions or amendments which may be made thereto from time to time and that we may publish on the Site, which are incorporated by reference. In addition, some services may be subject to additional terms and conditions set by FINLITI. You will be notified if there are any material changes made to the requirements.

User ID

You may browse the Site without registering, but to launch a survey you must register and select a screen name (User ID) and password. You shall not use as a User ID any name or term that is:

1. The name of another person with the intent to impersonate that person.

2. Subject to any rights of another person or company without appropriate authorization to do so.

3. Offensive, vulgar or obscene.

FINLITI reserves the right in its sole discretion to refuse registration of or cancel a User ID.

Security of User ID and Password

You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of your User ID and password for the FINLITI Site. We will treat anyone who uses your User ID or password as “you” for all purposes, and we will hold you responsible for the activities on the site during its usage. It is your responsibility to immediately notify FINLITI in writing of any unauthorized use of your account, or any other known account-related security breach.

Tracking Your Visits and Use

To improve the Site, and for our own business purposes, we may track and compile records of your visits to the Site and your use of all elements of the Site. All this information is confidential and subject to our Privacy & Confidentiality Policy.

Cookies

We use technologies known as cookies to collect information that helps us improve your online experience. Any personal information that we collect through the use of cookies is obtained through transparent notice to you and through your consent. Where applicable, we provide you with the opportunity to opt out. We hope this information helps you understand, and feel more confident about, our use of cookies.

1. What is a cookie?

Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognise you and remember important information that will make your use of a website more convenient (e.g. by remembering your user preferences).

2.  What cookies do we use?

We are currently using the following cookie(s)

Prohibited Conducted on the Site

You will not:

1. Submit, disseminate or otherwise transmit any Content that is unlawful, obscene, harmful, inaccurate, misleading, false or otherwise objectionable, or that may intimidate, harass or invade the privacy of any other party.

2. Submit, disseminate or otherwise transmit any Content that is personally identifiable information, or that is personal, private, proprietary or sensitive about another party without the other party’s explicit consent.

3. Infringe on any other party’s copyright, trademarks, patents (established or pending), trade secrets, intellectual property or other proprietary rights or rights of publicity or privacy.

4. Submit, disseminate or otherwise transmit any Content that contains viruses or other computer programs that are designed to damage, detrimentally interfere with the proper working of the Services or any activities conducted on the Services, or surreptitiously intercept or expropriate any system data or personal information.

5. Seek to obtain access through hacking or data harvesting or any other means to any Content that FINLITI has not intentionally made available to you.

6. Submit, disseminate or otherwise transmit any Content that is unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, etc.

7. Use the Platform to artificially generate traffic or page links or in a manner that could either breach any legal duty owed to any other party or disable or overburden or impair the Site or interfere with any other party’s use of the Site.

8. Take any action that imposes or may impose (as determined by FINLITI) an unreasonable load on FINLITI or its third-party providers’ infrastructure.

9. Take any direct or indirect action to reverse engineer, decipher, disassemble, or otherwise attempt to derive any source code, algorithms or underlying ideas of any part of the Services.

10. Take any action that may modify, translate or create derivative works of any part of the Services or Platform.

11. Use the FINLITI Site to violate any law.

Submitting Content

By submitting any Content on the Site, you agree that you grant to FINLITI and other Users, under your intellectual property rights a non-exclusive licence to copy, modify, display, distribute and put to commercial and other uses of your Content. No compensation will be paid to you for any such use.

Your privacy is not protected with respect to any Content you submit to the Site. FINLITI cannot guarantee that other Users will use your Content in an appropriate or fair manner or in a manner anticipated by you.

You will be solely responsible for any damage or loss to any party caused by your Content.

Copyright Notifications

FINLITI will remove any materials if properly notified that the Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify FINLITI in writing. Your notice should include the following information (please confirm with your legal counsel):

1. A description of the copyrighted work that you claim has been infringed.

2. The location of where the infringing material is located on the Site.

3. A statement by you that you are the copyright owner or authorized to act on behalf of the copyright owner.

If you believe that FINLITI has removed or disabled your work by mistake or misidentification, please notify FINLITI in writing. Your counter-notice must contain the information noted in points 1 – 3 with respect to the material that has been removed or to which access has been disabled.

Ownership of FINLITI Intellectual Property

FINLITI owns or has the legal right to use all the intellectual property associated with the Site and the Services. You shall not duplicate, publish, display, distribute, modify, create derivative works from or exploit FINLITI’s intellectual property in any way.

Privacy and Confidentiality

FINLITI collects information (which may include personal, confidential, non-public, criminal or other information) in forms that are submitted by you and/or by officers, directors, employees and/or members of the CLIENT. 

Your Privacy and Confidentiality is a priority at FINLITI. And the Personal Information Protection and Electronic Documents Act (Canada) (PIPEDA) applies to organizations, which collect, use or disclose personal information in the course of their activities. To protect you, FINLITI has instituted policies and procedures using the ten principles of PIPEDA, which are as follows:

1. Accountability:  FINLITI’s Chief Compliance Officer (CCO) is responsible for:

• • Your private and confidential information under our control, and;

  • Ensuring that all employees All employees and/or agents of FINLITI are bound by FINLITI’s established Policies and Procedures to ensure that the personal information of its clients remains confidential.

FINLITI is also required to make certain personal information of its clients available to governmental, regulatory and self-regulatory agencies and organizations. These organizations are also bound to ensure the confidentiality of the personal information of FINLITI’s clients that is provided to such agencies.

2. Identifying Purposes: Our only  purpose for gathering client’s information is to fulfill our legal and regulatory obligations under existing laws, including identifying potential insiders or control relationships, preventing money laundering and tax reporting requirements.

3. Consent: Your consent is always required for the collection of your personal information and the subsequent use or disclosure of your information. By completing your application for an account with FINLITI, you consent to the collection of your personal information and to its disclosure as discussed in this agreement.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. 

Your personal information may be provided without client consent to governmental or regulatory, and self-regulatory agencies, police, the courts, or the Canada Customs and Revenue Agency (CCRA).

4. Limiting Collection: FINLITI will only collect your personal information for that which is necessary to properly manage your accounts according to legal requirements.

5. Limiting Use, Disclosure, and Retention: We will not disclose your information for purposes other than those for which it was collected, except with your consent or as required by law. Your personal information shall be retained as long as the law requires. 

6. Accuracy: FINLITI is committed to maintaining accurate and complete records of your personal information.  If your information changes, please inform us and FINLITI will update its information 

7. Safeguards: Physical and electronic access to your personal information is restricted through a variety of physical, organizational and technological measures, and any personal information retained in offsite storage is limited to a secure facility. 

8. Openness: In addition to the information provided here, you have the right to access specific information about FINLITI’s policies and procedures relating to the management of your information by writing to the CCO. 

9. Individual Access: Upon request, FINLITI will provide you with information relating to any personal information collected by FINLITI. If you believe that the information collected is inaccurate or incomplete, we will amend the information as appropriate. 

10. Challenging Compliance: You may address any concerns with respect to compliance with the above principles to the CCO at info@finliti.com.

Third Party Sites

FINLITI uses your personal contact information to administer any contest, including contacting, announcing and promoting prize winners. In addition, FINLITI  may use this information to send you offers or information from FINLITI , its affiliates and from selected sponsors or advertisers (“Marketing Offers”). If you do not wish to receive Marketing Offers, you may opt-out at any time by: following the instructions at the bottom of any email Marketing Offer you receive; informing the telemarketer at the time they called with a Marketing Offer, by emailing FINLITI  at info@finliti.com and requesting that your personal information not be used for Marketing Offers.

As part of our Services, FINLITI may permit you to link to other websites or resources on the Internet, or other websites or resources may contain links to the Site. These other sites are not under FINLITI’s control nor are we liable for the content, functions, accuracy, legality or any other aspect of a third-party site or resource. The inclusion of any link to FINLITI on another website does not imply an endorsement by or an affiliation with FINLITI.

FINLITI currently shares your personal information with the following third-party sites:

FINLITI shall not be liable for any damage related to the use of any Content or services available through any third-party website or resource.

Cyber Security and Protocols

All of FINLITI’s client information is stored on cloud-based third party applications which have redundant back-up. Your information is not stored on FINLITI’s computers; therefore, FINLITI relies on the privacy and security protocols of these providers. This however, does not release FINLITI from understanding and taking active steps to reduce the risks associated with data protection and cybersecurity, by ensuring all of FINLITI’s partners that provide it e-services are compliant with the following standards:

1. Have Privacy and Confidentiality Policies regarding end user data.

2. Ensure the systems and applications use at least one of the following, but not limited to, cyber security protocols:

   • Transport Layer Security (TLS) or Secure Socket Layer (SSL) protocols to communicate across the network to prevent eavesdropping or tampering.

   • Code reviews

   • Advanced Encryption Systems (AES) which meet at minimum data block transfer standards of 128, 192 or 256-bit size.

     • According to the National Institute of Standards and Technology (NIST), 128-bit block transfer encryption meets NSA “Secret” requirements whereas “Top Secret” files must be encrypted at the 256-bit level.

   • General Data Protection Rules (GDPR) compliant.

   • Payment Card Industry Data Security Standard (PCI DSS) if applicable.

   • EU-US Privacy Shield or Swiss-US Privacy Shield compliant

   • ISO/IEC 27001 and/or 27018 compliant

   • SOC 1, 2 or 3 audits at least annually

These protocols provide a combination of, but not limited to, the following features:

1. Redundant back-up and restore points:

   • Back-ups must be kept in a secure location away from the main server.

   • Back-ups should be automatic, frequent enough to catch changing and new content and redundant. The frequency of back-ups must be fixed and communicated to EQUIVESTO.

   • Restoration of data should be based on the most recent back-up, with an option to use earlier back-up files.

2. Internal monitoring of the network for intrusions and unusual activity.

3. Firewalls and Distributed Denial of Service (DDoS) attack prevention.

4. Malware and antivirus scanning and removal

5. High availability and disaster recovery. A host server should have an uptime of 99.999% with:

   • A complete copy of a clean, functioning server operating system for a speedy recovery from system failures.

   • Redundant hardware to guard against downtime caused by hardware failures.

   • Firewalls configured to run in pairs, with each one ready to take over the full load in case the other one fails.

   • Servers running in pairs with each one ready to take over the full load in case the other one fails.

6. Load balancing

7. Management support

8. Access and user permissions

9. File management protocols

Where necessary, a site or application should be secured with their SSL/TLS protection enabled. When this is protection is enabled, a lock icon and https:// next to the URL in the browser bar will be visible as seen below. Letsencrypt provides SSL/TLS certificates which can be trusted by most modern browsers, operating systems, and mobile devices. Letsencrypt is a nonprofit Certificate Authority providing TLS certificates to 260 million websites.

Miscellaneous

The CLIENT acknowledges that a breach or threatened breach by the CLIENT of this Agreement will result in FINLITI suffering irreparable harm which cannot be calculated or fully or adequately compensated by recovery of damages alone. Accordingly, the CLIENT agrees that FINLITI shall be entitled to interim and permanent injunctive relief, specific performance and other equitable remedies, in addition to any other relief to which FINLITI may become entitled.  

FINLITI shall have the right, at any time, to halt or suspend the access of the CLIENT with or without notice and with or without giving any reason for such action, or to remove the CLIENT from the FINLITI platform.