IMPORTANT – READ CAREFULLY: Walter Surface Technologies Inc. (“Walter”, “We”, “we”, “Us”, “us”, “Our” or “our”) is committed to protecting your privacy. This Privacy Policy applies to the collection, use and disclosure of personal information, including personal information relating to you (“you”, “You”, “user” or the “User”), by Walter in connection with Walter’s products (the “Products”) and any and all services made available in association with the Products including accessing, preparing and printing reports relating to readings and data generated by the Products (collectively, the “Services”), whether such personal information is collected through a Walter web site, including www.walter.com, www.surfox.com, www.biocircle.com, and/or smart.surfox.com (collectively and individually a “Web Site”), Walter’s smartphone, mobile or tablet applications associated with the Products and the Services (collectively the “Applications” and each an “Application”), or otherwise.

READ THIS PRIVACY POLICY CAREFULLY BEFORE MAKING ANY USE OF ANY WALTER WEB SITE OR THE SERVICES, AND BEFORE DOWNLOADING, INSTALLING OR MAKING ANY USE OF ANY PRODUCT OR APPLICATION. BY MAKING ANY USE OF ANY WALTER WEB SITE (INCLUDING REGISTERING FOR AN ACCOUNT) OR ANY PRODUCTS OR SERVICES, OR BY DOWNLOADING, INSTALLING OR MAKING ANY USE OF ANY PRODUCT OR APPLICATION, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS PRIVACY POLICY, AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION (AS HEREINAFTER DEFINED) BY WALTER IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, OR DO NOT HAVE THE AUTHORITY TO AGREE TO ANYTHING IN THIS PRIVACY POLICY ON BEHALF OF YOUR ORGANIZATION, DO NOT MAKE ANY USE OF ANY WALTER WEB SITE OR THE SERVICES AND DO NOT DOWNLOAD, INSTALL OR MAKE ANY USE OF ANY PRODUCTS OR APPLICATIONS.

You acknowledge and agree that: your use of any Products or Services may also be subject to additional “Terms and Conditions of Sale” or other contracts issued by Walter or which can be accessed at smart.surfox.com/agreements or from Walter; your use of Products and/or Services in connection with a Web Site is also subject to Walter’s “Website Terms and Conditions of Use”, which can also be accessed at smart.surfox.com/agreements or such other pages at a Walter Web Site; and your use of any Application is also subject to Walter’s “End-User License Agreement” associated with same, as provided or otherwise made available with the applicable Application.

1. COLLECTION OF PERSONAL INFORMATION

1.1 Through any Web Site, the Applications, or otherwise in connection with its business, Walter collects information about identifiable individuals (“Personal Information”) relating to use of the Web Site, the Services, and/or the Applications by users, which may include but may not be limited to the following information:

1.2 Walter only collects such Personal Information as is reasonably necessary for Walter to fulfil the purposes as set out in this Privacy Policy.

1.3 With respect to the personal information of any third parties that you may provide to Walter, including in connection with your use of any Web Site, the Applications, and/or the Services, we will protect such information against unauthorized access, use or disclosure. However, you are responsible for ensuring that you have any such third party’s consent to the collection, use and disclosure of their personal information in accordance with the terms of this Privacy Policy, and you hereby represent and warrant that you have such consent.

2. USE OF PERSONAL INFORMATION

2.1 Personal Information submitted to us, whether through a Web Site, the Applications, or otherwise, may be used by us for the purposes specified in this Privacy Policy or as specified on the relevant pages of any Web Site and/or the Applications, and you hereby consent to same.

2.2 Walter may use your Personal Information to (and you hereby consent to each of the following uses):

2.3 Walter may also use your Personal Information to contact you to conduct surveys or research about your opinion of current Services or of potential new Services that may be offered in the future, or may use your Personal Information to conduct and offer enrolment in contests, raffles, competitions, or draws.

2.4 You acknowledge and agree that we may engage other companies and individuals (“Third Party Service Providers”) to perform some or all of the Services on our behalf. These Third Party Service Providers may require or be provided with access to your Personal Information in order to perform the Services on our behalf. We make commercially reasonable efforts to ensure that all Third Party Service Providers acting on our behalf are obligated to provide a comparable level of protection for your Personal Information to the level of protection that we provide, including using your Personal Information only to the extent necessary to provide the Services on our behalf.

2.5 Personal Information that we collect may be uploaded, moved, stored, processed in, backed up and/or transferred between any of the countries in which we operate in order to enable us to use the Personal Information in accordance with this Privacy Policy. You acknowledge and agree that your Personal Information may be uploaded, moved, stored, processed in, backed up and/or transferred in Walter’s discretion in jurisdictions other than Canada, and you consent to the same. You also acknowledge and agree that your Personal Information may be transmitted, uploaded, or moved across international borders in Walter’s discretion, and you consent to the same.

3. DISCLOSURE OF PERSONAL INFORMATION

3.1 Any Personal Information provided by you, or that is derived automatically by or through any Web Site and/or the Applications, is not sold, rented, or shared by us with any third party without your consent, except in the circumstances described in this Privacy Policy. This Article 3 does not apply to the practices of third parties, third-party sites, and third party applications that we do not control or manage.

3.2 We may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors, to the extent that such disclosure is reasonably necessary for the purposes set out in this Privacy Policy.

3.3 Walter may publish and disclose Personal Information to the public on one or more Walter Web Site, in connection with a testimonial given by you relating to Walter Products and/or Services, which Personal Information may include your name, the name of your organization and/or your address or that of your place of business.

3.4 Walter may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique Personal Information (e-mail, name, address, telephone number) is not transferred to the external business partner.

3.5 You acknowledge and agree that We may use and/or disclose your Personal Information, without notice, if legally permitted to do so according to the relevant provisions of the Quebec legislation, An Act respecting the protection of personal information in the private sector, and/or any other relevant privacy enactment (collectively, the “Privacy Acts”). Without limiting the foregoing, the Privacy Acts may permit the use and/or disclosure of Personal Information without notice if, for example: (a) the Personal Information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the Personal Information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the Personal Information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court.

3.6 You acknowledge and agree that We may also, in our sole discretion, release Personal Information when we believe such release is appropriate and/or necessary to comply with an applicable law, statute, regulation, Court order, or administrative proceeding, to enforce or apply this Privacy Policy, or to protect the rights, property, or safety of Walter, our users or customers, or others, and you hereby consent to disclosure for such purposes. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

4. CONSENT

4.1 You hereby consent to the collection, use and disclosure of your Personal Information as set out in this Privacy Policy, and acknowledge and agree that your Personal Information may be collected, used and/or disclosed by us in accordance with this Privacy Policy.

4.2 You may withdraw your consent to the collection, use and disclosure of your Personal Information as set out in this Privacy Policy, at any time. Withdrawal of your consent to the collection, use and/or disclosure of your Personal Information as set out in this Privacy Policy may result in the Services or certain aspects of the Services being unavailable to you. If you withdraw your consent to the collection, use and/or disclosure of your Personal Information as set out in this Privacy Policy, Walter reserves the right to limit your access or prevent you from accessing the Services, through a Web Site, the Applications, or otherwise.

5. INFORMATION YOU GIVE US OR PUBLICLY DISCLOSE

5.1 In addition to the provisions that explicitly relate to the use, collection, and disclosure of your Personal Information in this Privacy Policy, you acknowledge and agree that we may collect and store information from your computer, mobile device or tablet (via your use of the Services, whether entered via any Web Site, the Applications, or provided to us in any other way), including Personal Information, to assist us in providing, maintaining and modifying the Services, and you hereby consent to same. For example, we may use the information (including Personal Information) that you provide for such purposes as facilitating your use of a Web Site and/or Applications, responding to your requests, providing the Services (e.g., storage of data, results and information), and in other ways in communicating with you.

5.2 If you disclose Personal Information or personally sensitive data through any public area of any Web Site or the Applications (including any publicly accessible message board, chat room, forum, or comment board), that Personal Information may be collected, used, and/or disclosed by other users. The collection, use and disclosure of Personal Information and personally sensitive data made available in this fashion cannot be controlled by Walter, and Walter accepts no responsibility or liability for the unauthorized collection, use and/or disclosure of Personal Information and personally sensitive data that you make available in this fashion.

6. AUTOMATICALLY GATHERED INFORMATION

6.1 We receive and store certain types of computer information whenever you interact with our Web Site. Examples of the information that we may automatically receive and store may include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; and the full Uniform Resource Locators (URL) click stream to, through, and from our Web Site, including date and time information relating to your visits. We may use IP addresses to analyze trends, administer the Web Site, track users’ movement, to determine what Services are the most popular, advertise, and gather broad demographic information for aggregate use.

6.2 Such automatically gathered information may be used by Walter for the operation of the Services provided to you via the Web Site and/or the Applications, to maintain the quality of the services provided through the Web Site and/or the Applications, and to provide Walter with general statistics relating to use of the Web Site and/or the Applications.

7. SECURITY AND RETENTION OF PERSONAL INFORMATION

7.1 Walter secures your Personal Information from unauthorized access, use and disclosure by third parties. You acknowledge and agree that We may, at our sole discretion, use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, and disclosure. For example, Walter may secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When Personal Information is transmitted to other Web sites or third parties for the purposes specified above, we may also, or in the alternative, protect it through the use of encryption, such as by way of the Secure Socket Layer (SSL) protocol.

7.2 There are always risks associated with providing Personal Information and sensitive data, whether in person, by phone, mobile, or tablet device, via any Application, via the Internet or via other technologies. In particular, you acknowledge that the transmission of information and data over the Internet is inherently insecure, and there are no security systems that are completely safe or fool-proof against hacking or tampering. Walter endeavours to take commercially reasonable precautions to prevent and minimize such risks in connection with your use of any Web Site, the Applications and Services, but Walter offers no (and hereby expressly disclaims any) guarantee, representation, warranty, or covenant of any kind with respect to the same.

7.3 You are solely responsible for controlling access to your accounts associated with any Web Site and/or the Applications, and maintaining the confidentiality and security of your accounts and related password information. You are entirely responsible for all activities that occur on or through your accounts, and Walter shall not be responsible for any losses arising out of the unauthorized use of any of your accounts associated with the Web Site and/or the Applications.

7.4 Personal Information shall not be kept by Walter for any longer than is necessary for the purposes identified in this Privacy Policy. Personal Information that is no longer required to fulfil the purposes identified in this Privacy Policy will be destroyed, erased, or made anonymous.

8. COOKIES

8.1 A “cookie” is a small text file consisting of alphanumeric identifiers that is placed on your hard disk by a Web page server. The identifier is then sent back to the Web page server each time the browser requests a page from the Web page server. Cookies contain information that can later be read by a Web page server in the domain that issued the cookie to you.

8.2 We may use cookies on any Web Site to recognise a computer when a user visits the Web Site, improve the usability of the Web Site, sign in to the Web Site and/or Services, analyse the use of the Web Site, administer the Web Site, and personalise the Web Site for use by you. We may also make use of cookies through the Web Site for traffic analysis, advertising, and anonymous demographic profiling.

8.3 Cookies do not typically contain Personal Information, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.

8.4 By using and browsing any Web Site, you consent to cookies being used in accordance with this Privacy Policy. If you do not consent, you must disable cookies or refrain from using the Web Site.

8.5 If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. If you wish to delete cookies, you may set your web browser to do so, if your browser so permits. You acknowledge and agree that if cookies are turned off or deleted, you may not be able to view certain parts of a Web Site or use certain of the Services available through the Web Site or certain features or functionalities thereof.

8.6 Third-party product or service providers who have access to a Web Site may also use cookies, but we have no control of the use of cookies by such third party product or service providers or any other third parties.

9. THIRD PARTY PRIVACY POLICIES AND LINKS

9.1 Any Web Site and/or the Applications may include hyperlinks to, and details of, third party web sites or Internet resources. Hyperlinks on the Web Site and/or the Applications are provided for your convenience. Walter does not endorse, approve of, verify, attest to, or offer any representation or warranty with respect to, the accuracy of the content of such web sites that are linked. If you decide to leave the Web Site or the Applications and access any such third-party site or Internet resource, you do so at your own risk.

9.2 When you click on a hyperlink to a third-party site or Internet resource, you are contacting another web site or Internet resource that may collect information about you, including Personal Information, voluntarily or through cookies. The privacy policies of such third parties may not mirror those of Walter, and you should review the privacy policies of web sites or Internet resources which you choose to access from a Web Site and/or the Applications, so that you understand how those web sites or Internet resources collect, use and share your information. Walter has no control over other web sites or Internet resources or their policies regarding the collection, use and disclosure of your Personal Information, and Walter accepts no responsibility or liability for the privacy practices of third parties, including any unauthorized collection, use or disclosure of your Personal Information through third party web sites or Internet resources.

10. CHANGES TO THIS PRIVACY POLICY

10.1 This Privacy Policy may be changed, removed, added to or otherwise modified by Walter from time to time at Walter’s sole discretion and without any prior notice or liability to you. The collection, use and disclosure of Personal Information by Walter will be governed by the version of this Privacy Policy in effect at that time. All new, amended, or otherwise modified terms take effect immediately.

10.2 Your continued use of any Walter Web Site, the Services, or any Product or Application subsequent to any modifications to this Privacy Policy, or otherwise expressing your agreement to same, signifies that you consent to the collection, use and disclosure of your Personal Information in accordance with the modified Privacy Policy. You should bookmark this page and periodically review this Privacy Policy to ensure that you are familiar with the most current version of the Privacy Policy.

11. BUSINESS TRANSFER

11.1 As we continue to develop our business, we may sell or buy other businesses and/or their assets. In such transactions, customer information shall be treated as a transferred business asset. In the event that Walter (or all, or substantially all, of its assets) were to be acquired by a third party, Walter’s customer information will be considered a transferred business asset.

12. MISCELLANEOUS

12.1 Any modification of this Privacy Policy must be agreed to in a writing signed by an authorized representative of Walter, and must specifically reference this Privacy Policy. Walter may modify the terms of this Privacy Policy at any time.

12.2 This Privacy Policy shall be governed by and construed in accordance with the laws of the Province of Quebec (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Privacy Policy shall be brought solely in the courts of the Province of Quebec. You expressly submit and attorn to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.

12.3 If you are entering this Privacy Policy on behalf of a company, you represent and warrant that you have authority to do so.

12.4 The language in all parts of this Privacy Policy shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. To the extent permitted by law, any rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Privacy Policy. The headings contained in this Privacy Policy should not be used to aid in any manner in the construction or interpretation of this Privacy Policy. Any reference to “agree”, “agrees”, “represent”, “represents”, “acknowledge”, “acknowledges”, or any “acknowledgement” by you in this Privacy Policy, shall refer in all cases to your acceptance of this Privacy Policy through making use of any Web Site or the Services, or by downloading, installing, or making any use of the Applications in accordance with this Privacy Policy.

12.5 This Privacy Policy supersedes all previous communications, representations, warranties, understandings, and agreements, whether electronic, oral, or written, between you and Walter relating to the subject matter of this Privacy Policy.

12.6 You are entitled to access your personal information upon request and, if there is an error in Walter’s records relating to your personal information, to have it corrected. A request to access your personal information or to have it corrected must be in writing, and may be made to Walter’s designated Privacy Officer at privacyofficer@walter.com.

12.7 Walter welcomes your comments regarding this Privacy Policy. If you would like more information on this Privacy Policy or Walter’s organizational privacy policies, or if believe that Walter has not adhered to the terms of this Privacy Policy, please contact Walter’s designated Privacy Officer at privacyofficer@walter.com. We will use commercially reasonable efforts to promptly identify and remedy any failure by Walter to adhere to the terms of this Privacy Policy.

12.8 The parties acknowledge that they require that this Privacy Policy be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.