PRIVACY POLICY

Last Updated: March 21, 2022

Introduction

At HEADRUSH, Inc. (“HEADRUSH”, “We” or “Us” and terms of similar meaning), we are committed to your privacy. This means we do not transfer, distribute, disclose, rent or sell any of your personal information to third parties except as provided for in this policy (the “Privacy Policy”) or as specifically consented by you.

HEADRUSH has developed policies and procedures consistent with the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and other relevant privacy laws. By accepting this Privacy Policy in registration or by visiting and using our website (the “Site”) and/or utilizing the services through the Site (the “Services”), you expressly consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to our Terms of Service.

Scope

This Privacy Policy applies to all personal information (“Personal Information”) collected, used or disclosed by HEADRUSH from our customers and their representatives whom they give user access to their account, as well as students, advisors and teachers who may use the Services (collectively “Users”).

Accountability

HEADRUSH is responsible for the Personal Information under our possession and control. We have designated a Privacy Officer to be responsible for our compliance with this Privacy Policy and privacy legislation.

Information We Collect

Personal Information

Personal information is any information recorded in any form that identifies or can identify an individual and includes any information provided to us by you or your Users in using our Site and Services. Personal information includes, but not is not limited to, the following:

• registration information and user profile information that you provide to us in creating your account to use our Services (e.g. name, address, post code, email address and telephone number);

• financial and billing information (such as credit card number and expiration date);

• demographic information (such as age, education, occupation) and information about individual preferences;

• information about your school or educational institution, such as school name and location;

• teacher and advisor information, such as the grade level and subject matter they teach or advise;

• student information, including class assignment data; grades and results and other classroom content (“Student Information”);

• User registration information, including profile pictures;

• information collected from third party services that you connect to our Service; and

• any information that HEADRUSH collects from you is intended to improve and personalize your service experience.

Non-Personally Identifiable Information

Personal information does not include information that is aggregated or anonymized in such a manner that it cannot be connected to you or any User. This may include grades and participation rates aggregated among many Users. Such information by itself or together cannot be tracked to a specific individual’s personally identifiable information.

How do we use Personal Information?

HEADRUSH collects Personal Information for the following purposes:

• to provide Services to you and your Users; to establish and maintain responsible commercial relations and to communicate with you in order to provide service. This includes, but is not limited to, communications relating to billing, advertising, promotion and account verification;

• to respond to any correspondence you may direct to us;

• to understand, research, and improve our Services;

• customer and User needs and preferences;

• to direct advertisements to you about Our company and our products and services that may be of interest to you;

• to enforce our Terms of Service;

• to provide you with system or administrative messages;

• to meet legal and regulatory requirements; and

• for any other reasonable purposes for which you may have provided your express consent or in which your consent can be reasonably implied.

How do we use Non-Personally Identifiable Information?

In an ongoing effort to better understand and serve the users of our Services and improve our Service and user functionality, we conduct research on our customer and User demographics and behavior based on Personal Information and other information that we have collected. This research can be used to provide our customers with statistics and metrics that may be of interest to them (for example statistical data related to students). This reseach will be compiled and analyzed on an aggregate basis and this aggregate does not identify any individual and therefore is considered and treated as Non-Personally Identifiable Information under this Privacy Policy.

Consent

We respect your privacy and, unless otherwise required by law, we will not collect, use or disclose your Personal Information without your prior consent. Your consent may be expressed or implied. You may expressly give your consent in writing, verbally or through any electronic means. In certain circumstances, your consent may be implied by your actions. For example, providing us Personal Information to register for our Services is implied consent to use such information to provide you the associated services.

Where appropriate, HEADRUSH will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when HEADRUSH wants to use information for a purpose other than those identified above). In obtaining consent, HEADRUSH will use reasonable efforts to ensure that a customer is advised of the identified purposes for which Personal Information collected will be used or disclosed.

The form of consent sought by HEADRUSH may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, HEADRUSH shall take into account the sensitivity of the Personal Information and the reasonable expectations of our customers and Users. HEADRUSH will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. In order to withdraw consent, you must provide notice to HEADRUSH in writing.

Limiting Use, Disclosure and Retention

Unless required by law, or in connection with a business transaction, HEADRUSH shall not use or disclose or transfer Personal Information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining your consent, where such consent may not reasonably be implied.

Depending on how your school (i.e. school principal, administrator or other individual authorized by the school to administer our Service) (“School Administrator”) chooses to use our Service, Student Information and other User information may be shared to other teachers, advisors and school staff who are authorized by the School Administrator to view and access such information. Each student and his or her parent will only have access to view or submit information relative to that particular student. Neither students (nor their parents) will be able to view or otherwise access the Student Information of other students unless, in limited circumstances, it is provided to that student account by the School Administrator (e.g. a class photo or class list containing the names and photos of other students).

As noted above, HEADRUSH does not disclose your Personal Information to third parties. Notwithstanding, your Personal Information may be transferred to third party suppliers, contractors and agents (“Affiliates”) who are contracted by HEADRUSH to assist it in providing and developing products and services, for example customer service and user support. Such Affiliates will only use your Personal Information for the purposes identified in this Privacy Policy. In the event your Personal Information is disclosed to a third party pursuant to a business transaction, HEADRUSH will ensure that it has entered into an agreement under which the collection, use and disclosure of the information is related to those purposes that relate to the transaction.

Subject to the foregoing, only HEADRUSH’s and our Affiliates’ employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about our Users. All such employees will be required as a condition of employment to contractually respect the confidentiality of Members’ Personal Information.

HEADRUSH will retain Personal Information for only as long as required to fulfill the identified purposes or as required by law. Personal Information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by HEADRUSH.

HEADRUSH can optionally integrate with Google API Services. HEADRUSH’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Using the Site

Each time a user accesses our Site, HEADRUSH automatically receives and stores certain types of non-personally identifiable information about users including IP address, web pages viewed, and date and time. The non-personally identifiable information collected through your use of Site is used to do monitor website traffic and conduct internal research on our users’ demographics, interests and behavior to better understand and serve our customers. For example, we may collect information such as the length of time a user visited the site, the pages he or she visited, the type of browser used to access our site as well as to track the number of visitors to the site.

How can I Access my Personal Information?

Upon request, HEADRUSH will provide information to a User regarding the existence, use and disclosure of his or her Personal Information. HEADRUSH will respond to an application for individual access to Personal Information within a reasonable time and at minimal or no cost to the individual. A User may challenge the accuracy and completeness of the information and have it amended as appropriate.

NOTE: In certain circumstances, HEADRUSH may not be able to provide access to all the Personal Information it holds about a User. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. HEADRUSH will provide the reasons for denying access upon request.

Safeguards

HEADRUSH protects your Personal Information by security safeguards appropriate to the sensitivity of the information. HEADRUSH will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Our methods of protection include:

• Physical measures, such as filing cabinets which are kept locked when not in use and restricted access, both to HEADRUSH’s place of business in general and to internal offices as well;

• Organization measures, such as security clearances and limited access on a need to know basis; and

• Technological measures, such as the use of passwords, firewalls and encryption.

Challenging Compliance

An individual will be able to address a challenge concerning compliance with this Privacy Policy to HEADRUSH’s Privacy Officer.

HEADRUSH will maintain procedures for addressing and responding to all inquiries or complaints from Users about HEADRUSH’s handling of Personal Information. HEADRUSH shall investigate all complaints. All inquiries or complaints involving HEADRUSH’s handling of Personal Information or compliance with this policy or with PIPEDA shall be directed to HEADRUSH’s Privacy Officer.

The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt. The Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If HEADRUSH finds a complaint to be justified, it will take appropriate measures, including, if necessary, amending its policies and procedures.

For more information, please contact our Privacy Office as follows:

E-mail: info@headrushlearning.com

Mail: 152 Ward Court, Oakville, Ontario, L6L 5X7

General

HEADRUSH reserves the right to modify and amend this privacy policy from time to time in its sole discretion without prior notice. Any such amendment(s) will be posted on our Site and will be effective as of the date of posting.