Privacy Policy

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Aven Technologies Inc., 840 6 Ave SW #300, Calgary, AB T2P 3E5, Canada.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Alberta, Canada
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to AvenPing, accessible from https://avenping.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Instagram
• Twitter
• LinkedIn

Google Workspace APIs Usage

We explicitly affirm that any data accessed through Google Workspace APIs is not used to develop, improve, or train generalized artificial intelligence (AI) and/or machine learning (ML) models. The data is only used for the specific purposes outlined in this Privacy Policy and in accordance with Google's API Services User Data Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Business identity and aggregate metrics

We do not disclose or use Your end-customer or contact data for advertising. Our use of Your business name, logo, and anonymized aggregate metrics (e.g. growth rate, message volume, delivery rate) for marketing and advertising is described in our Terms of Service.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Refund Policy

This Refund Policy (“Policy”) governs the refund and cancellation terms for purchases made through our Service. By using our Service and making a purchase, You acknowledge that You have read, understood, and agree to be bound by this Policy.

General Refund Policy

All purchases made through our Service are final and non-refundable, except as required by applicable law or as explicitly stated in this Policy. Once a payment has been processed and the Service has been provided or accessed, no refunds will be issued.

Exceptions Under Indian Law

Notwithstanding the general policy stated above, in compliance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, refunds may be provided in the following circumstances:

Defective Services

If the Service provided is defective, not as described, or fails to perform as advertised, You may be entitled to a refund or replacement as per applicable consumer protection laws.

However, no refund shall be issued if Your WhatsApp account, Business Account, or related services are suspended, restricted, or banned by Meta due to Your violation of Meta's Terms of Service, Commerce Policies, Business Messaging Policies, or any other applicable Meta policies.

Any suspension or restriction resulting from spam activity, prohibited content, policy violations, or misuse of the platform shall not be considered a defective service on our part.

Non-Delivery

If You have paid for a Service but have not received access to it within the promised timeframe, You may be entitled to a full refund.

Unauthorized Transactions

If a payment was made without Your authorization or due to fraudulent activity, You may be entitled to a refund after proper verification.

Technical Failures

If the Service is unavailable due to technical failures directly attributable to our systems for an extended period, refunds may be considered on a case-by-case basis.

Refund Process

If You believe You are entitled to a refund under the exceptions listed above, You must:

• Contact us within 7 days of the purchase or discovery of the issue, whichever is later.
• Provide detailed information about the issue, including transaction details, account information, and evidence supporting Your claim.
• Allow us a reasonable time (not exceeding 15 business days) to investigate Your claim and respond.

If Your refund request is approved, the refund will be processed to the original payment method within 7–10 business days after approval, in accordance with applicable banking and payment gateway regulations.

Non-Refundable Items

The following are explicitly non-refundable:

• Services that have been fully accessed or utilized by You.
• Digital products or services that have been downloaded, activated, or used.
• Accounts suspended or restricted due to violation of our Terms of Service or Meta's policies.
• Purchases made during promotional periods or special offers, unless explicitly stated otherwise.
• Refund requests made after the applicable time limit specified in this Policy.
• Refunds requested due to change of mind or personal preference, unless required by applicable law.

Cancellation Policy

You may cancel Your subscription or service at any time. However, cancellation does not entitle You to a refund for any fees already paid. The cancellation will take effect at the end of the current billing period, and You will continue to have access to the Service until that time.

We reserve the right to suspend or terminate Your access to the Service at any time if You violate:

• Our Terms of Service
• Meta's Terms of Service, Business Messaging Policies, or related platform policies
• Any applicable laws or regulations

In such cases, refunds will be provided only if required by applicable law.

Grievance Redressal

If You are not satisfied with our refund decision, You may:

• Contact our customer support team for further review of Your case.
• File a complaint with the appropriate consumer forum or authority as per the Consumer Protection Act, 2019.
• Seek resolution through alternative dispute resolution mechanisms as available under Indian law.

Our contact information for refund-related queries is provided in the "Contact Us" section below.

Governing Law

This Refund Policy is governed by and construed in accordance with the laws of India, including but not limited to the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and any other applicable consumer protection laws. Any disputes arising from this Policy shall be subject to the exclusive jurisdiction of the courts in India.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://avenping.com/contact
• By email: [email protected]