Updated: May 30, 2022
Goldpan Privacy Policy
Goldpan Technologies Corp. dba Goldpan and its licensors (collectively, “Goldpan”) is committed to protecting the privacy of individuals who visit our websites (“Visitors”), companies that subscribe to our Services (“Customers”) and individuals who use our Services via a Customer subscription (“Users”).
In this policy, the terms “we”, “us”, or “our” refer to Goldpan, and the terms “you” and “your” refer to Users, individually and collectively. The term “your company” refers to the Customer subscription through which a User accesses our Service. The term “Personal Information” means information about an identifiable individual.
1. Overview and Scope
This Privacy Policy applies to the Goldpan website located at https://www.Goldpan.io, any related Goldpan websites and domains, Goldpan’s mobile applications, and any of the products or services owned, operated, or controlled by Goldpan, including without limitation, the Goldpan Software Services (collectively, the “Services”) located at https://app.Goldpan.io.
Our Services are intended to be used by Customers to better understand their own Clients’ buying activities. We provide our Services via a subscription contracted with our Customers, and the information we collect in performance of those contracts is on behalf of and at the express instruction of our Customers. As a service provider, we require our Customers to ensure that they have obtained all authority to provide personal information to us in accordance with applicable privacy laws. We do not collect or use personal information of our Customers for any purpose other than to provide Services on behalf of our customers or as required by applicable law.
This Privacy Policy describes our privacy practices, such as the information we may collect, how we may collect this information, how we may use and disclose this information, who we might share this information with, the security measures utilized to secure this information, and how to contact us with any inquiries related to your information. This Privacy Policy is incorporated into the Master Subscription Agreement or other agreement entered into between Goldpan and the Customer.
2. Types of Information We Collect and Use
2.1 Account Information
When you create or establish an account for the Services, we collect and store information about you based on information you or your company may provide, which may include your name, job title, work email address, office location, your company department or organization, a unique identifier and any other information that may identify you individually. We use this information to set up your account, to give you the appropriate access and permissions, to communicate with you regarding your account, and otherwise for the provision of the Services on behalf of your company. We may also use your email address to send you updates in connection with the Services or Goldpan on behalf of your company. You may change your account information and notification settings by contacting your company administrator for the Services, or by editing your account profile within the Services.
2.2 Hosted Data
When you use and interact with the Services, any information that you post, upload, store, display, transmit, or submit on or through the Services will be collected and stored through your direct interactions with the Services as Hosted Data.
When you log in to, use and interact with the Service, we collect and store the information or content that you post, upload, store, display, transmit, or submit through the Service (collectively, “Hosted Data”). Except to the extent necessary to render the Services on behalf of your company or where required by applicable law, Goldpan does not access any Hosted Data. While in some cases you can make certain Hosted Data private or available only to specific Users, by default most Hosted Data is public to other Users inside your company using the Services. You are solely responsible for all Hosted Data that you post, upload, store, display, transmit, or submit on the Services, including Personal Information, and the consequences thereof. Goldpan is not responsible and will not be liable for the Hosted Data you disclose while using the Services. If you have any questions regarding the collection and use of Hosted Data, please contact your company.
2.3 Third Party Integrations
When our Services are integrated with third party applications (“Third Party Integrations”), we may receive, collect, and store information via the applicable third party application, such as your user name, a unique user identifier, information you or your company have authorized such Third Party Integration to share (e.g., a set of artifacts in a tool, made available through the Integration), and related metadata for the purposes of facilitating the integration on behalf of your company.
2.4 Information Obtained from Third Party Authenticators
If you log in to the Services using a third party sign-in provider to authenticate your account for the Services (e.g., Google Sign-In, OneLogin or other SAML services) (“Third Party Authenticators”), we may receive, collect, and store information regarding your credentials for the applicable Third Party Authenticator, such as your user name, your email, your unique user identifier, profile picture, and other information you have authorized such Third Party Authenticator to share. This information is used for the purposes of creating and administering your account on behalf of your company.
2.5 Syncing Information
Goldpan makes other tools available to sync information with the Services, and may also develop additional features that allow Customers to sync information stored via third party services used by your company (each a “Sync Platform”). For example, the Services may allow you or your company to sync your Services account (and all information related thereto) or Hosted Data to and from your company’s Customer Relationship Management Platform. If the Services are integrated with a Sync Platform, we will receive, collect, and store information, including Personal Information, from the Sync Platform for the purpose of importing such information requested for use on the Services on behalf of your company.
2.6 Technical Data
We collect de-identified technical data about how Users interact with our systems. Goldpan may collect and use technical data about your session, application interactions, device, operating system, application software, and peripherals (collectively, “Technical Data”). We collect and use Technical Data to facilitate software updates, provide support, and continuously make improvements to the Services and our business. Goldpan may also aggregate the metadata and usage data of the Services, including Hosted Data, so that the resulting data and statistics are not personally identifiable to any individual User (“Aggregated Data”). We may collect and use Aggregated Data (i) for our own internal statistical analysis, (ii) to develop and improve the Services, (iii) to research trends and create predictive analysis; and (iv) to create and distribute aggregate reports and other materials regarding use of the Services.
2.7 Log Files
Goldpan uses log files on the server side. The data held in log files may include your IP address, browser type, e-mail application, Internet service provider (ISP), referring/exit websites, computer platform type, operating system, date/time stamp, and user activity. We use server log data to analyze trends in order to better understand use of the Services and to administer, manage and improve the Services. The software enabling the Services has associated temporary log files that are stored on Goldpan controlled servers, and these log files are copied into a third-party log aggregation tool. These logs may store your account information, preference settings, system notifications, and other data necessary to enable you to use the Services. Your information may also exist within regularly performed server backups. Our logs are retained for 90 days and our backups are retained for 30 days.
2.8 No Sensitive Personal Information
Goldpan does not intentionally collect or maintain, and we request that you do not post, upload, store, display, transmit, or submit Sensitive Personal Information on or through the Services. “Sensitive Personal Information” includes, but is not limited to, government-issued identification numbers, financial account numbers, credit or debit card numbers, consumer reports, financial information, background checks, biometric data, any code or password that could be used to gain access to personal accounts, or any information specifying medical and health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or the sex life of an individual.
We rely on our Customers to ensure that they have obtained all necessary authority and consent to provide Personal Information to us for the purposes of the Services and to not provide us with sensitive personal information. Customers are solely responsible for all information you post, upload, store, display, transmit, or submit on the Services, including Sensitive Personal Information, and the consequences thereof. Goldpan is not responsible for and will not be liable to you or another individual for any loss or damages you or another individual may experience due to your disclosure of Sensitive Personal Information while using the Services.
2.9 Questions and Inquiries
When you contact Goldpan, by email, written correspondence, telephone calls, web-based forms, or otherwise, any information that you provide in such forum may also be collected and stored by Goldpan in order to facilitate the provision of Services and any related support for the Services. You may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product and service offerings
2.10 Marketing Communications
If you submit your personal information to us through our website and consent to communication for the purpose of marketing, Goldpan will provide you with personalized communications regarding our products and services. For example, if you request a demo or fill out a “Contact Me” web form, we will use the information you provide us to contact you about your interest in our products and services. You can unsubscribe at any time by clicking the unsubscribe in any of our emails.
3. Website Information
3.1 Cookies
When you use and interact with the Services, we use “cookies” or other similar technologies to collect and store information related to your access to or use of the Services. A cookie is a small piece of information that a website can store on your device for later retrieval. We place a cookie on your hard drive or in “local storage”, a feature of your browser, to retain information locally regarding your usage. Cookies are used to manage authentication/login, provide analytics, remember your preferences, and otherwise monitor the functionality of and improve the Services. You may set your web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our website, you may not be able to take advantage of all of the features of our websites.
Our websites may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on our website. These tracer tags are used to help us optimize and tailor our website for you and other future visitors to our website.
3.2 Analytics
We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the websites (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the convenience of the websites.
4. How We Transfer and Disclose Information
4.1 Limitations of Use and Disclosure
Goldpan will not sell, rent or otherwise disclose your Personal Information to any third party without your consent except as described in this Privacy Policy or as required or permitted by applicable law.
Service Providers
Your personal information may be transferred (or otherwise made available) to our affiliates and other third parties who provide services on our behalf (e.g., email services, cloud computing services, data storage facilities, mailing services, logging, hosting, advertising and analytics services, payment processing). Our service providers are given the information they need to perform their designated functions, and are not authorized to use or disclose personal information for their own marketing or other purposes.
Legal and Compliance
We and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law or legal process. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property
Sale of Business
Personal information may be provided to third parties in connection with an acquisition, debt financing, divestitures, financing, merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Goldpan or as part of a corporate reorganization or stock sale or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship
4.2 International Transfer of Information Collected
Goldpan operates out of Canada and stores information with service providers located in the United States and Canada. Your Personal Information may be maintained and processed by us, our affiliates and other third-party service providers in Canada, the United States or other jurisdictions where our service providers are located.
We take measures to ensure that any Personal Information transfers comply with all applicable data protection laws and that your Personal Information remains protected to the standards described in this Privacy Policy. In the event that Personal Information is transferred to the US or other foreign jurisdiction, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws.
4.3 Third Party Websites
While using the Services or the Website, you may be directed to a third-party website, such as third party integrations, third party authenticators, or other links or references, which may take you to a third party website or service that Goldpan does not own or operate. Once you have left the Services, this Privacy Policy will no longer apply to you or any other data collected from or provided by you, including Personal Information, and you will be subject to that third party website’s privacy policy (and such other terms and conditions). You should review such third party website’s privacy policy to determine how your data will be used. We do not have any control over such services or websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked services or websites may collect, use or disclose, secure and otherwise treat your Personal Information.
5. Retention
We have retention processes designed to retain Personal Information for no longer than necessary for the purposes of providing Services to our Customers or as otherwise instructed by our Customers or, with respect to the Website, for the purposes set out in this Privacy Policy. We may also retain personal information to meet legal requirements or as otherwise required by applicable law.
6. Security Measures
We take your privacy and data security very seriously and strive to maintain the security of all Personal Information. Goldpan maintains appropriate physical, technical, and administrative safeguards to protect against loss, misuse, and unauthorized access, use, disclosure, modification, or destruction of Personal Information, including Hosted Data, in our custody and control. However, no website or transmission of information over the internet or common carrier lines is guaranteed to be completely secure, and we cannot guarantee that unauthorized access, hacking, data losses, or other breaches will never occur.
Goldpan servers are managed and located at a third-party Infrastructure-as-a-Service (IAAS) provider, and we have taken commercially reasonable steps to choose a qualified IAAS provider that operates according to industry standard terms of service and data security protocols. Goldpan uses commercially reasonable efforts to store and encrypt Personal Information in a secure location, encrypt passwords, and utilize a minimum of 128-bit Secure Socket Layer (SSL) certificates to protect transactions to and from the Services.
You will access and use the Services via a registered user account, which is also protected by a password for your privacy and security. You are responsible and liable for safeguarding your account and password that you use to access the Services, and for all activities or actions that occur under your account. You should take measures to prevent unauthorized access to your account and your information by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. If you choose to authenticate your account through a Third-Party Authenticator, the security and privacy of your account is subject to the policies of such Third Party Authenticator and we have no liability for the applicable Third Party Authenticator’s security and privacy practices.
6. Access to Personal Information
If we receive a request from an individual to access, correct, update or delete Personal Information we have collected on behalf of a particular Customer in the course of providing the Services, we will direct that individual to the relevant Customer.
Goldpan will work with the tool administrators at your company to respond in a timely manner to all reasonable written requests to view, modify, or delete Personal Information, subject to applicable law.
If you submit Personal Information via our Website or otherwise directly provide us with Personal Information, you may request access, updating or correction of your personal information (subject to limited exceptions prescribed by law) by submitting a written request to us at the contact information below. We may request certain personal information for the purposes of verifying your identity.
7. Enforcement
Goldpan will actively monitor its relevant privacy and security practices to verify adherence to this Privacy Policy. Any agents, contractors, service providers, or other third party’s subject to this Privacy Policy that Goldpan determines is in violation of this Privacy Policy will be subject to disciplinary action up to and including termination of such services.
8. Changes to this Privacy Policy
Goldpan may change, modify, or update this Privacy Policy from time to time, in whole or in part, in Goldpan’s sole discretion, at any time without prior notice by posting updated versions on the Goldpan website. When we do, we will revise the “last updated” date at the bottom of this page. If and when we make such changes, we will make commercially reasonable efforts to notify you by email, through the Services, or by posting a prominent notice on our Website.
9. Contact Goldpan
We encourage you to contact us with any questions, complaints, or requests with respect to your Personal Information, this Privacy Policy, and/or our privacy practices (including our practices with respect to service providers located outside of Canada).
Goldpan can be contacted at:
Goldpan
2900 – 550 BURRARD STREET
VANCOUVER BC V6C 0A3
CANADA
Any questions regarding this can be directed to legal@Goldpan.io
Goldpan – General User Terms
These General Terms and Conditions (the “General Terms”) – together with the other documents referenced and linked below (collectively, the “Agreement”) – describe your rights and responsibilities concerning your use of the services offered by Goldpan Technologies Corp. dba Goldpan (“Goldpan”), including via the www.Goldpan.io website and all associated services (collectively, the “Services”). Your use of the Services constitutes your acceptance of the Agreement. Therefore, please take the time to review these terms carefully.
If you do not agree with some or all of these terms, do not use the Services.
Last updated: September, 2021
- Operator
The Services, including the Goldpan.io website are provided by Goldpan. In this Agreement, the terms “we”, “our” and “us” refer to Goldpan. - Modifications and Updates to These Terms and Conditions
We reserve the right to update or modify (collectively “change”) the terms of this Agreement (including those documents that are incorporated herein by reference) at any time and from time to time, without prior notice to you. Your use of the Services following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review this Agreement (and all documents incorporated by reference, as set out below) whenever you visit the Goldpan.io website. We will include a “last revised” date on this Agreement as displayed on the website. - Termination of Your Use of the Services
In addition to any other rights or remedies available to us, in our sole discretion we may terminate or restrict your access to this Services or any component thereof at any time, without notice or liability to you. - Ownership
All of the content on or made available via the Services, including without limitation all of the page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”) is the property of Goldpan or its licensors-as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom. The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and Goldpan owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material. Goldpan, and the GOLDPAN PLATFORM Design are trade-marks and/or trade names of Goldpan. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing made available via the Services or contained on the website will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including Goldpan’s trade-marks, except with the express written permission of Goldpan or such other party that may be the owner thereof. - Permitted Use of the Services; Prohibitions
You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material. Additionally, you understand that by using the Services that you may be exposed to Material that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk. - Prohibitions
Except to the limited extent expressly permitted above, any other use of any of the Material (whether in whole or in part) is strictly prohibited. Without limiting the foregoing, you must not frame, mirror, scrape, or mine any of the Material except with our prior written consent. Additionally, without limiting the foregoing, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Material (whether in whole or in part) unless you have been specifically told that you may do so by Goldpan or by the owners of that Material in a separate agreement. You may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Material. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Services. You may not take any action that places a disproportionately large load on the infrastructure of the Services. We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions. - Feedback
We seek and welcome your feedback regarding the Services. In the event you provide us with any such material (whether through the Services, by electronic mail or otherwise) including any questions, comments, suggestions, testimonials or the like (all of which are collectively called “Feedback”), you retain ownership of all rights in such Feedback. However, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, commercialize, communicate by telecommunication, display and otherwise use such Feedback throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Feedback. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Feedback in connection with our rights hereunder. By providing Feedback, you warrant that the content of such Feedback is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to provide such Feedback and this license to the Feedback. - Privacy
You have read, understood and agreed to our Privacy and Security Policy, the terms of which appear on the Website and are incorporated by reference into this Agreement, and agree that the terms of such Privacy and Security Policy are reasonable. You consent to the use of your personal information by Goldpan and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy. - Links
The Website may contain, and the Services may make available, links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Goldpan of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk. - Errors and Corrections; Disclaimers
The Services, including the Goldpan.io website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.All Material is provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, Goldpan, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Services will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to or use of the Services or your downloading of any Material, or inability to do any of the foregoing. We make no representation that the Material provided via the Services is applicable or appropriate for use in locations outside of Canada. - Limitation of Liability
Your use of the Services is undertaken at your own risk. Under no circumstances will Goldpan, our affiliates or agents be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Services, your reliance on any Material, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the Services or Material, then neither yours nor our total AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: (I) $100,000; AND (II) AMOUNTS ACTUALLY PAID BY AND DUE FROM YOU HEREUNDER IN THE (12) TWELVE MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. If you are dissatisfied with the Services, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Services. - Indemnification
You agree to indemnify and save harmless Goldpan, our affiliates, and their respective directors, officers, agents, members and suppliers (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Services or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who Is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Services. - Governing Law and Courts; Timing of Claims
This Agreement and your use of the Services (including access to the Goldpan.io website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the Goldpan.io website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services (including access to the Goldpan.io website) shall be deemed to be passive in nature and not giving rise to personal jurisdiction over Goldpan in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes Goldpan’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred. - Severability
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. - Other Jurisdictions
Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. - Waiver
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. - Enurement
The provisions of this Agreement will enure to the benefit of and be binding upon each of Goldpan and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Goldpan which may be withheld in Goldpan’s sole discretion. Goldpan may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you. - Survival
The provisions of Sections 4, 6-8 and 10-19 will survive termination of the Agreement, howsoever occasioned. - Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitutes the entire agreement between you and Goldpan relating to your use of the Services and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of Goldpan to modify this Agreement in writing, or by Goldpan making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No Goldpan employee or agent has the authority to vary this Agreement.
Registered User Terms
These User Terms and Conditions (the “User Terms”) – together with the other documents referenced and linked below (collectively, the “Agreement”) – describe your rights and responsibilities concerning your use of the services offered by Goldpan Technologies Corp. dba Goldpan (“Goldpan”), including via the Goldpan.io website and all associated services (collectively, the “Services”).
If there are any provisions with which you do not agree, you may not use this website or any aspect of the service.
Last updated: September, 2021
- Operator and Provider
The Services are provided by Goldpan. In this Agreement, the terms “we”, “our” and “us” refer to Goldpan. - Modifications and Updates to This Agreement and Conditions
We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Goldpan.io or otherwise via the Services, or sending notice to you via email. You agree that we have this right, and that your continued use of the Services following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Services, and notify us that you are terminating this Agreement. - Other Terms
You understand and acknowledge that your use of the Services is also governed by the General Terms, which you have read and understand, and to which you agree. In addition, you understand and acknowledge that your use of the Services is also governed by the Goldpan Privacy and Security Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy, and you agree that the terms of such Privacy and Security Policy are reasonable.In addition, you also agree that your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Services. Such policies and procedures, together with the General Terms and Privacy and Security Policy are herein incorporated by reference, mutatis mutandis. Capitalized terms not otherwise defined herein have the meanings attributed to them in the User Terms and the Privacy and Security Policy. - Description of Services
We provide access to software and related services available via the Website and through other channels. You are responsible for providing, at your own expense, all equipment necessary to use the Services, at your sole cost. Subject to this Agreement, you may access and use the services you have been authorized or licensed by Goldpan to access and use, during the term of this Agreement. Unless we have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, or grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services to any third person. - Account Eligibility
You may create an account to access the Services only if you: (a) can lawfully enter into and form contracts in accordance with local laws; and (b) you have not previously opened an account on the Services. Additionally, to the extent that you are using a paid version of our services, you must also have arranged for a valid form of payment that is expressly accepted by Goldpan. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and the corporation or other organization named in the account sign-up process. - Account Sign-Up
When you sign up for an account you will be required to provide a work email address, to provide your name, title and phone number, and to indicate the size of your company. You will also be given the opportunity to provide certain optional information. You may acquire an account either directly from Goldpan, or through an employer’s corporate license. A corporate license is a license granted to an employer by Goldpan which allows the employer to authorize Goldpan accounts for a specified number of employees. If your employer acquires a corporate license and you already have a Goldpan account, your existing personal account may be ported to your employer’s corporate license. If you have an account under your employer’s corporate license and you cease to be an employee for such employer, your account may be ported to a personal account in which your access to the Services shall continue. In such case, you may be provided with new log-in credentials.We reserve the right to refuse to permit the opening of an account, or the provision of service, to anyone at any time for any reason. - Your Account Data
You agree to: (a) provide true, accurate, current and complete information as prompted by all Service-related registration forms and account settings (“Data”); and (b) maintain and promptly update the Data to keep it true, accurate, current and complete.You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account; you may not transfer or share your account with anyone. Accordingly, you acknowledge that you will be solely responsible to Goldpan for all activities that occur with the use of your account credentials-whether financial or otherwise. If you provide any Data that is (or which we have reasonable grounds to suspect is) untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services (including the Services) or any portion thereof. - Privacy
You have read, understood and agreed to our Privacy and Security Policy, the terms of which appear on the Website and are incorporated by reference into this Agreement, and agree that the terms of such Privacy and Security Policy are reasonable. You consent to the use of your personal information by Goldpan and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy. - Your Representations and Warranties
In using the Services, you shall at all times act reasonably, and in good faith.You additionally agree, represent and warrant that you shall not: (a) bypass or attempt to bypass any measures we may use to prevent or restrict access to the Services; (b) interfere or attempt to interfere with the proper functioning of the Services; and (c) impersonate or attempt to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or provide false Data. In uploading Submissions, you further agree, represent and warrant that: (a) all rights in and to the Submissions (including, without limitation all trade-mark, trade secret, patent, copyright, moral, or other proprietary rights), are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use the Submissions, and upload the Submissions for use by us (for the purposes described herein) and by other Service users, and grant the license contained herein; (b) the Submissions do not contain any viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs; (c) the Submissions do not contain any unlawful, hateful, objectionable, harmful, threatening, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is discriminatory (as relating to race, ethnicity, sexual orientation, age, religion, or other grounds), or that is otherwise objectionable; (d) the Submissions do not advocate or describe any illegal activity; (e) you have not and will not accept compensation from any third parties in relation to your Submissions; (f) you will not use the Services to advertise or solicit for any commercial or other purpose competitive with the Services; and (g) your Submissions and their use as contemplated hereunder and otherwise via the Services will not conflict with or violate any other agreement between you and any other party, and do not conflict with or violate any applicable laws (including as relating to intellectual property, confidentiality, personal, privacy or proprietary rights). - Billing and Payments
The fees for your paid account will be billed from the date you elect, or convert to, a paid account and on each renewal period thereafter unless and until you cancel your account. Goldpan may automatically bill your credit card each month on the calendar day corresponding to the commencement of your paid account. You acknowledge that the amount billed each month may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, differing amounts due to number of active users on your network, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Goldpan may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Goldpan may arrange other payment with you including quarterly or yearly subscriptions and any payment contract that you enter into is hereby incorporated into and made part of this Agreement. - Taxes
You are responsible for paying any applicable governmental taxes imposed on your acquisition of services from us, including, but not limited to, sales, use or value-added taxes. - Billing Disputes
If you note a billing problem or discrepancy, you must contact Goldpan within 15 days of the date of the billing problem or discrepancy to discuss the issue. A failure to do so will be taken as your waiver of such issues. - Confidentiality
Transmissions to Goldpan (whether effected through the Services or otherwise) may not be secure, may not be treated as confidential or protected in any way, and do not create any fiduciary or other relationship or duty of any kind. You should not send confidential or sensitive information via the Internet or e-mail, including via the Services. Additionally, Goldpan has implemented commercially reasonable technical and organizational measures designed to secure the Services, Data and Submissions from accidental loss and from unauthorized access, use, alteration or disclosure. However, Goldpan cannot guarantee that unauthorized third parties will never be able to defeat those measures, or use such information for improper purposes. You acknowledge that you provide your personal information at your own risk. - Support and Reporting
In the event that you have difficulties in accessing the Goldpan.io website or otherwise using our Services, you can contact Goldpan at support@Goldpan.io for assistance. - Suspension and Termination
If you wish to terminate this Agreement, you will be required to contact us at support@Goldpan.io of your intention. Neither failing to log into the Services, failing to upload additional Submissions or failing to access or consume services made available to you will, in and of itself, constitute your termination of this Agreement. We may, at any time and for any reason and in its sole discretion, change, suspend or terminate (whether temporarily or permanently) the Services or the Goldpan.io website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person. Additionally, your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. If this Agreement is terminated by you or us for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your Submissions and use of the Services and services prior to termination; (b) you may be prevented from using the Services or accessing the Goldpan.io website, or your account details, or any files or other content which is contained or attached to your account, all of which may be deleted by Goldpan; (c) Goldpan may continue to use and disclose your personal information in accordance with the Goldpan Privacy and Security Policy as amended from time to time; (d) Goldpan may continue to use and disclose your Submissions as outlined herein; and (e) you shall cease all use of the Services, including the Goldpan.io website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. - Disclaimers
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access (or we may rely upon) in the course of your use of (or our delivery of) the Services; therefore, delays and disruption of the Services and any transmissions related thereto are completely beyond our control, and we shall have no liability therefore. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Goldpan HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Goldpan DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY OR ASSOCIATED WITH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Goldpan EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. - Limitation of Liability
Your use of the Services is undertaken at your own risk. Under no circumstances will Goldpan, our affiliates or agents be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Services, your reliance on any Material, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the Services or Material, then neither yours nor our total AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: (I) $100,000; AND (II) AMOUNTS ACTUALLY PAID BY AND DUE FROM YOU HEREUNDER IN THE (12) TWELVE MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. If you are dissatisfied with the Services, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Services. - Indemnification
You agree to indemnify and save harmless Goldpan, our affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the Services in breach of this Agreement. Without limiting the foregoing, you assume any and all liability for Submissions you upload, and you agree to defend, indemnify and hold us harmless from and against any and all third-party claims, actions, proceedings, damages and expenses (including without limitation lawyer fees on a solicitor-client basis) and costs, arising out of the breach or alleged breach of a covenant, representation or warranty in this Agreement. When we are threatened with a suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us as provided above; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive this Agreement and your cessation of use of the Services. - Further Assurances
Upon our request and at our cost, you agree to provide such information and documents, do such additional things, and sign such further documents connected with the licenses, releases and waivers contemplated by this Agreement. - Governing Law and Courts; Timing of Claims
This Agreement and your use of the Services (including access to the Goldpan.io website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the Goldpan.io website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services and the Goldpan.io website) shall be deemed to be passive in nature and not giving rise to personal jurisdiction over Goldpan in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes Goldpan’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred. - Severability
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. - Other Jurisdictions
Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. - Notices
Goldpan may provide notifications (whether required by law, for authorized marketing or business related purposes) to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on www.Goldpan.io, as we may determine in our sole discretion. - Waiver
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. - Enurement
The provisions of this Agreement will enure to the benefit of and be binding upon each of Goldpan and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Goldpan which may be withheld in Goldpan’s sole discretion. Goldpan may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you. - Survival
The provisions of Sections 8-27 shall survive termination of the Agreement, howsoever occasioned. - Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and Goldpan relating to your use of the Services and Submissions, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of Goldpan to modify this Agreement in writing, or by Goldpan making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No Goldpan employee or agent has the authority to vary this Agreement. In the event of a conflict between the provisions of the User Terms and the provisions of any other document or agreement incorporated or referenced herein, these User Terms will govern to the extent of the inconsistency.
