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Consent to Receive Electronic Communications

We suggest you read this document and print a copy for your reference.

Note: This Electronic Communication Consent Agreement (“Agreement”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card and any related products and services (“Communications”).

When you acknowledge your agreement to this Electronic Communication Consent Agreement, you are indicating your consent to all of the terms and conditions set out below.

In this Agreement, "we," "us," and "our" refer to the Peoples Trust Company, and "you" and "your" refer to the person to whom the Card is issued. “Card” means the [Skip Visa Prepaid Card].

1. Scope of Communications to Be Provided in Electronic Form

When you acknowledge your agreement to this consent to receive electronic communication, you are agreeing to receive all Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications includes:

• the Cardholder Agreement and any related supplements or addendum to the Cardholder Agreement;
• notices of any changes to the terms of the Cardholder Agreement;
• the privacy policies and any notices of updates and changes to the privacy policies;
• notices regarding insufficient funds or negative balances on your Card;
• response to claims filed in connection with your Card;
• any other information relating to your use of the Card and any related products and services, including any legal and regulatory disclosures and communications;

2. Method of Providing Communications to You in Electronic Form

All Communications that we provide to you in electronic form will be provided:

• via email to the email address you have provided to us which may contain the Communication or a link through which you may view the Communication; or
• posted on the website https://insidetrack.skipthedishes.com/.

You must provide us with a current email address to receive electronic Communications. Even if you have consented to receive electronic Communications, in our discretion we may from time to time send paper copies of certain Communications to any mailing address we have for you in our records, either in addition to or in lieu of providing electronic versions.

If you give us an incorrect email address or fail to keep it updated, you agree that any Communications we may make available or attempt to send through any of the methods described above will be deemed to have been provided to you in a timely manner.

Communications that we post on the website will remain accessible for a period of time which we may establish in our discretion and which may vary with the type of Communication.

3. How to Withdraw Consent

You may withdraw your consent to receive Communications in electronic form at any time by providing notification of your withdrawal in writing by email to shopandpay@skipthedishes.ca. If you do, we will send subsequent paper Communications to you in writing to the most current mailing address we have for you in our records. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. While we process your withdrawal, you will continue to receive Communications in electronic form. We will send you a paper Communication to confirm that your withdrawal has been processed, and you will receive paper Communications after receiving such confirmation. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

4. How to Update Your Records

It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this Agreement and your Card, and to maintain and update promptly any changes to this information. You can update your information (such as your e-mail address) by emailing shopandpay@skipthedishes.ca.

5. System Requirements

To receive, access or retain electronic Communications, you will need a computer or other device with internet access, a compatible web browser and, for some types of Communications, a PDF file reader. Compatible browsers include the most current version (and typically one or more prior versions) of all major browsers in widespread use. You will also need access to a printer or the ability to download information to keep copies for your records. When you agree to receive electronic Communications, you are indicating that you have the capability to access the Communications electronically and to download or print copies for your records.

6. Requesting Paper Copies

We will not send you a paper copy of any Communication, unless you request a paper copy or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by submitting your request in writing by emailing shopandpay@skipthedishes.ca. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

7. Communications in Writing

All Communications in either electronic or paper format from us to you will be considered "in writing". You should print or download for your records a copy of this Agreement and any other Communication that is important to you.

8. Communications from You

This Agreement applies only to Communications you receive from us. Any notices or communications which you are required to send to us in writing, whether pursuant to our agreements with you or under applicable law, must still be sent in accordance with the instructions in those agreements.

9. Termination/Changes

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

I accept

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SHOP + PAY COURIER TERMS OF PARTICIPATION

SKIPTHEDISHES

Version: October 1, 2024

1. Introduction

This Shop + Pay Participation Agreement (“Participation Agreement”) is entered into between the Delivery Driver (“you”, “Courier”) and SkipTheDishes Restaurant Services Inc. (“Skip”, “we”, “our”, “us”) and sets out the terms and conditions for your voluntary participation in the Shop + Pay Delivery Experience.

Capitalized Terms used in this Participation Agreement and not otherwise defined in a section have the meaning assigned to them in section 22.

2. Courier Agreement

This Participation Agreement does not supersede your obligations and rights as outlined in the Courier Agreement. In the event of any conflict between this Participation Agreement and your Courier Agreement regarding the general contractual relationship with Skip, the Courier Agreement will prevail.

For clarity and without limiting or modifying other terms herein, please note the following key points about this Participation Agreement:

• It outlines new obligations that you must adhere to.
• It reaffirms your status as an independent contractor.
• It introduces new Service Level Expectations (“Schedule A”) that you are required to follow.
• It mandates that disputes be resolved through arbitration unless you choose to opt-out (see section 18).

3. Entire Agreement

This Participation Agreement, including any Addenda and Schedules, together with the following other documents expressly listed below, constitutes the entire agreement between you and Skip with respect to the Shop + Pay Delivery Experience:

• The Skip Courier Agreement;
• The Skip Privacy Policy;
• The Skip Social Code; and
• The Skip Terms of Services.

If any of the documents listed in (a)-(d) above are inconsistent, the terms of the first document listed shall take precedence.

4. Voluntary Participation

By clicking “Yes, I agree,” you understand and agree to the following:

• You have read and fully understand this Participation Agreement. You agree to follow its terms and conditions, including the Service Level Expectations in Schedule A.
• You have read, understood, and will comply with the Skip Privacy Policy, Terms of Services, and Social Code.
• You do not need to participate in the Shop + Pay Delivery Experience to continue offering your Delivery Services on the Platform.
• Your participation in the Shop + Pay Delivery Experience depends on your continued access to the Platform in accordance with the Courier Agreement.
• Under the Shop + Pay Delivery Experience, you or your Personnel (see section 6.10) must find the Delivery Items in-store, pay for them, and deliver them to the Customer.
• Your participation in the Shop + Pay Delivery Experience is voluntary and you have opted into this experience as an independent contractor (see section 6).
• You possess and will maintain the legal authorisation to work in Canada, and you are solely responsible for complying with any applicable conditions on your work authorisation.
• You have a mobile device with an active data plan, and you acknowledge that using the App may result in significant data usage from your data plan.
• You possess a suitable mode of transportation to participate in the Shop + Pay Delivery Experience. Where applicable, you agree that your mode of transportation will meet the following criteria:
  • It safely allows you to accommodate the weight of Delivery Items;
  • It is in a good and sanitary condition;
  • It is duly registered and licensed if required by legislation;
  • If insurance is necessary, it must meet the requirement of being properly and adequately insured for commercial courier operations, with third-party liability coverage of at least one (1) million dollars;
  • Any operator of the transportation mode has the required legal authorization required for operation.
• You will not accept Delivery Opportunities if you or your Personnel (see section 6.11) cannot legally use your chosen mode of transportation due to laws or other restrictions.
• Skip may request verification that your mode of transportation meets the aforementioned requirements where applicable. If requested, you must provide such verification within 5 business days. If you do not provide us with the necessary proof, we may stop sending you Delivery Opportunities, and suspend or revoke your access to the Platform.

5. Service Level Expectations

5.1 You are not obligated to accept a Delivery Opportunity. However, if you decide to accept a Delivery Opportunity, you agree to meet the specified service level expectations detailed in Schedule A of this Participation Agreement.

6. Independent Contractor Service

6.1 At all times during the duration of the Participation Agreement, you agree that you are an independent contractor offering delivery through the Platform.

6.2 This Participation Agreement does not establish an employment relationship, agency, partnership, or joint venture between you and Skip.

6.3 As an independent contractor, you are not entitled to any statutory benefits, such as minimum hours or pay, overtime pay, holiday hours or pay, or any other benefits typically provided in an employment relationship.

6.4 You are not authorized to represent yourself as an employee of Skip. Further, you cannot act in Skip's name, on its behalf, or bind Skip, except as expressly permitted under this Participation Agreement.

6.5 Nothing in this section constitutes a waiver of rights asserted by you, or on your behalf, in proceedings commenced prior to the duration of the Participation Agreement, if any.

6.6 Equipment and Expenses

You are solely responsible for providing the necessary tools of the trade required to fulfill the Shop + Pay Delivery Experience. Skip will not reimburse you for any expenses or costs associated with these tools.

6.7 Control Over Schedule

You do not need to inform Skip of your availability for potential Delivery Runs or to choose Open Runs. It's completely up to you when or if you decide to indicate your availability through the App to potentially receive Delivery Run or access Open Run.

Each week, we allocate Delivery Runs for the following week. Before the end of the prescribed day of the week (to be communicated via email), you may log into the App to indicate the days and times you wish to be available in the upcoming week. We will notify you if a Delivery Run has been allocated to you and this will be displayed in the ‘scheduling’ section of the App.

We may add Open Runs in the App at any time. If you wish to make yourself available for Delivery Opportunities during an Open Run, you may log into the App and create a schedule based on available Open Runs, which will then be displayed in the ‘scheduled runs’ section of the App.

We do not commit to offering you a minimum number of Delivery Runs or offer Open Runs and we are not required to offer any Delivery Run or Open Runs to you.

6.8 Non Exclusivity

You are not required to provide Delivery Service via the Platform.

You are free to provide your services to anyone else, including our competitors, at any time, even during a Delivery Run.

Despite any provisions in section 6.8(b) you are contractually obligated to use your business judgment to ensure that Deliveries are completed promptly, taking into account the nature of the Delivery Items ordered and the expected Delivery Time.

6.9 Delivery Run

Before the start of a Delivery Run, you can, via the App (without any impact on your Delivery Opportunity ‘Acceptance Rate’ (see section 6.10)):

• Cancel the Delivery Run; or
• Arrange for a Personnel to take over the Delivery Run.

During a Delivery Run, you can at any time via the App (without any impact on your Delivery Opportunity ‘Acceptance Rate’):

• Cancel the remainder of the Run; or
• Arrange for a Personnel to take over the remainder of the Delivery Run.

6.10 Delivery Opportunity Acceptance Rate

If you accept a Delivery Run and log into the App to fulfill the Run, you are not obligated to accept any Delivery Opportunities.

Rejecting a Delivery Opportunity will not affect your ability to accept other Delivery Opportunities.

We may maintain an acceptance rate system based on your most recent ten (10) Delivery Opportunities (“Acceptance Rate”).

While your Acceptance Rate may be considered when offering additional earnings opportunities, Incentive Fee Offers, or future Delivery Opportunities, it does not affect your ability to accept or reject any specific Delivery Opportunities.

If at any time during a Delivery Run, you do not wish to receive Delivery Opportunities, you can at any time use the ‘pause’ function in the App without any impact on your Delivery Opportunity 'Acceptance Rate'. You will still be logged in to the Delivery Run, but you will not receive any Delivery Opportunities until you deactivate the ‘pause’ function.

6.11 Using a Substitute

You have no obligation to join or undertake Delivery Runs personally and are free at any time and for any reason whatsoever to engage a substitute to do so on your behalf (“Personnel”).

You are not required to inform us when you engage a Personnel.

To engage a Personnel, you can give them access to your courier account by:

• Providing them with a phone on which you are logged in to the App; or
• By sharing your courier account details to enable them to log in to the App on their own phone.

In the event that you engage a Personnel, you agree that you will:

• Ensure that your Personnel has the legal authorisation to work in Canada;
• Ensure that your Personnel has any required certification for delivery of Regulated Items;
• Be responsible for paying the Personnel;
• Continue to be subject to all duties and obligations in this Participation Agreement, Service Levels Expectations, Privacy Policy, Terms of Services, Skip Social Code, and any Addenda;
• Ensure they comply with the terms of this Participation Agreement and any relevant policy, terms, or agreement. Any breach by the Personnel of such terms amounts to a breach by you and you will bear the consequences of such breach; and
• Ensure that your Personnel has not been previously banned from the Platform provided that if you engage a Personnel that has been banned from the Platform, Skip may suspend or revoke your access to the Platform.

To clarify, you are allowed to have only one Courier Account on the Platform. If you decide to hire Personnel by opening a new Courier Account, all documents associated with the Personnel account must be separate from those linked to your own account. Having two courier accounts with the same or similar documents could lead to both accounts being revoked.

6.12 Flexibility

You are not required to dress in a certain manner during a Delivery Run, and you do not need to use or wear any Skip-branded items.

When you are logged into the Platform for a Delivery Run and marked as "active," you may automatically be matched with Delivery Opportunities using predefined algorithmic factors.

In order to be considered for Delivery Opportunities during a Delivery Run, you must for the period in which you wish to receive Delivery Opportunities during such Run:

• Be logged into the App on your mobile phone; and
• Maintain active, valid, and accurate geo-location and data services on your phone.

Every time you accept a Delivery Opportunity, an agreement will be formed on the same terms and conditions set out in the Participation Agreement to govern that Delivery.

Upon receiving Delivery Opportunity, you will be provided with details including but not limited to:

• Pickup location;
• Delivery Items;
• Delivery location;
• Estimated compensation; and
• Customer Delivery Instructions.

You are not required to accept any Delivery Opportunities that we may offer. We do not commit to offer you a minimum number of Delivery Opportunities and we are not required to offer any Delivery Opportunities to you. Declining a Delivery Opportunity does not affect your ability to receive future Delivery Opportunities.

You may elect via the App or by email not to receive any Delivery Opportunities for orders that contain Regulated Items.

You can cancel an accepted Delivery Run at any point before you accept Delivery Opportunities.

If you cancel a Delivery Run after you have accepted Delivery Opportunities or completed the shopping of Delivery Items, you may be required to return the Delivery Items to the Store.

Every time you accept a Delivery Opportunity, an agreement will be formed on the same terms and conditions set out in the Participation Agreement at the time of the Delivery Opportunity, to govern that Delivery.

We may list the Delivery Items in a specific order, but you are not obligated to shop for them in that sequence. It is your responsibility to use business judgment in how you shop for the Delivery Items.

6.14 Paying for Delivery Items

For ease of payment only, you will be provided access to the Skip Visa Prepaid Card (“Skip Visa Card”).

To access the Skip Visa Card, you may be required to agree to the payment provider's terms.

You agree to use the Skip Visa Card only for purchasing Delivery Items and any related expenses like grocery bags and sales tax.

6.15 Delivery Route

You determine the route and method for completing a Delivery under this Participation Agreement.

When you accept a Delivery Opportunity, we will display a suggested route but you are not required to follow this route. You can choose your preferred navigation tools for completing Deliveries under this Participation Agreement.

You agree to exercise reasonable judgment in selecting the most efficient routes for deliveries, taking into account factors such as traffic conditions, distance, and delivery timelines.

7. Licence, Login Details Sharing and Access

7.1 Licence Grant

Skip owns all rights to the App and Platform. Skip grants you a non-exclusive, non-transferable, non-sublicensable, and non-assignable license for the Term to use the App or Platform solely for providing Delivery Services or related services, subject to the Terms of Service, Privacy Policy, Social Code, and this Participation Agreement.

7.2 Restrictions

You agree that you will:

• Access the App or Platform only through a mobile device;
• Not provide third parties with access to the App or Platform, directly or indirectly (Exception - see section 6.11);
• Not allow third-party apps access to your login credentials or the App or Platform without Skip’s written consent (Exception - see section 6.11);
• Not copy, modify, distribute, sell, or lease any part of the App or Platform;
• Not reverse engineer, attempt to extract the source code of any Skip software;
• Not directly or indirectly manipulate or permit the manipulation of the App or Platform; and
• Not export, extract, or otherwise scrape, or cause any program or script to extract or scrape, any part of the App or Platform.

7.3 Breach Consequences

You acknowledge that any breach of section 7.2 may result in suspension or revocation of your participation in the Shop + Pay Delivery Experience.

7.4 Platform Access

You further acknowledge that any suspension or revocation from participating in Shop + Pay Delivery Experience for violation of section 7.2 may result in suspension or revocation of your access to the Platform.

8. Regulated Items

8.1 Viewing and Acceptance

You have the option to view the Delivery Items before deciding whether to accept or decline a Delivery Opportunity. You are not obligated to accept Delivery Opportunities that include Regulated Items.

8.2 Compliance

If you choose to accept Delivery Opportunities with Regulated Items, you agree to comply with all applicable federal, provincial, and local laws, regulations, and licensing requirements pertaining to the delivery of Regulated Items.

8.3 Notification and Procedures

You agree to promptly notify Skip of any circumstances preventing the successful delivery of Regulated Items and follow established procedures for returning such items.

8.4 Temporary Suspension

You agree that Skip may temporarily stop sending you Delivery Opportunities if you have an undelivered Regulated Item. Delivery Opportunities will resume once you return the Regulated Item to the Store.

8.5 Breach of Regulations

You acknowledge and agree that failure to comply with any regulations or guidelines related to the delivery of Regulated Items constitutes a fundamental breach of this Participation Agreement. Therefore, Skip reserves the right to suspend or revoke your access to the Shop + Pay Delivery Experience or Liquor Delivery without prior notice.

8.6 Platform Access

You further acknowledge that any suspension or revocation from participating in Shop + Pay Delivery Experience for failure to follow Regulated Item delivery process may result in suspension or revocation of your access to the Platform.

9. Service Fees

9.1 Delivery Fee

Skip shall compensate you for each Completed Delivery Opportunity through the Platform at a piece rate per delivery (“Delivery Fee”). At the time of receiving a Delivery Opportunity and before accepting it, you will be shown the estimated Delivery Fee or Delivery Fee plus any applicable tips.

9.2 Tips

Customers have the option to provide tips within the App. Skip will transfer these tips to you. Customers may also choose to give you cash tips upon delivery at their discretion. You are not required to inform Skip of these cash tips.

9.3 Incentive Fee Offers

Skip may, at its sole discretion, offer a discretionary incentive offer to you under special circumstances as determined by Skip ("Incentive Fee Offers"). If offered, Skip will communicate the Incentive Fee Offers to you along with the conditions and criteria for eligibility. You are under no obligation to accept or participate in any Incentive Fee Offer. Non-participation in an Incentive Fee Offer will not affect your ability to offer your Delivery Services on the Platform. If you opt to participate in an Incentive Fee offer, the amount payable will be reflected in your weekly earnings statement.

9.4 Regulated Item Return Fees

In the event of a return of Regulated Item, you may be entitled to receive an increased or additional fee, as determined by Skip. Any additional compensation or fees payable to you for the return of Regulated Items shall be shown on your Earnings Statement.

9.5 Undeliverable and Cancelled Orders

If we cancel the Delivery Opportunity due to the Customer or Store cancelling the order or for any other reason unrelated to your act or omission, you will receive payment (based on the distance you have travelled using predetermined metrics) up to the point of cancellation. In the event that a Delivery Opportunity cannot be completed due to reasons directly or indirectly unrelated to your act or omission and beyond your control (such as an incorrect address, inability to confirm age for Regulated Items, etc.), you will receive payment for such delivery subject to Skip investigating the reasons.

9.6 Source Deduction, Sales Tax, and Withholding Fees

You acknowledge that Skip will not make any deductions at source, including but not limited to Income Tax, Employment Insurance (EI), Canada Pension Plan (CPP), or any other statutory deductions, from payments made to you under this Participation Agreement. You acknowledge and agree that you are responsible for reporting and remitting all applicable taxes, including income taxes and any other taxes required by law, as an independent contractor. Upon providing proof of Sales Tax registration and any other required documentation to Skip, Skip will pay you the applicable Sales Tax on your Delivery Fee. Notwithstanding anything to the contrary, Skip reserves the right to withhold any fees or payments due to you to comply with any applicable garnishment order, court order, or legal obligation imposed on Skip.

9.7 Fee Adjustments

Skip reserves the right to adjust the fees paid or payable to you for each Delivery Opportunity in the event of any of the following occurrences:

• Customer Dispute: If a Customer disputes the completion or quality of a service provided by you, and after investigation, we determine that you did not meet the required standards.
• Undelivered Order: If a Customer disputes delivery and after investigation, we find that:
  • The Delivery Items were not delivered;
  • You did not provide proof of Delivery; or
  • You have multiple undelivered orders over a period of time.
• Violation of Agreement: If you breach any material term of this Participation Agreement, including but not limited to failure to comply with Customer Delivery Instructions, applicable regulations, or Service Levels Expectations.
• Fraud or Misconduct: If you engage in fraudulent activities, misrepresentation, or misconduct that directly or indirectly impacts Delivery Run, Deliveries, or Delivery time.
• Garnishment: If we are required to withhold a portion or all of your payment, and you have already received the full payment for the week or used FastCash to make a withdrawal, we may deduct and adjust the necessary amounts from future Delivery Fees.

Upon determination of the validity of the grounds for Fee Adjustments, Skip may deduct the clawed-back amount from current or future payments to you or demand repayment within a specified timeframe. You may appeal the decision of Fee Adjustment or revocation. You can refer to this page on the inside track.

10. Provincially Regulated Minimum Standards

Regardless of any provision in this Participation Agreement to the contrary, if you are entitled to a prescribed minimum wage, additional fees, or protection under provincial legislation that specifically targets the gig economy and applies to Skip, Skip will adhere to the requirements specified in such legislation.

11 Privacy Obligations

11.1 All capitalised terms in this section 11 shall have the meaning given to them in the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) and any and all applicable provincial or national data protection laws applicable to Skip as may be amended or superseded from time to time (“Data Protection Laws”).
• 11.2 You understand and consent that we will collect and process certain personal information, which is any information about an identifiable individual ("Personal Information"), and/or business information relating to you in accordance with the Skip Privacy Policy. This includes but is not limited to, your first and last name, contact information, bank details, phone number, as well as geolocation data and other information relating to your provision of courier services and other related services as provided for under the Skip Privacy Policy.
• 11.3 You agree to comply with the terms of the Skip Privacy Policy and all Data Protection Laws governing data protection and privacy in connection with the Delivery Services, access to the Platform and any activities you carry out under this Participation Agreement.
• 11.4 In our capacity as a Data Controller, we may provide you with and grant you access to Personal Information pertaining to consumers, restaurants and other merchants (including their employees and representatives), or others through Skip’s website or other means. Such Personal Information may include, but is not limited to, names, addresses, email addresses, telephone numbers, order information and other information. You will not, under any circumstances, access or use any Personal Information for any purpose other than rendering the Services in connection with this Participation Agreement. You will at all times maintain the strict confidentiality of any Personal Information you have access to and will not reveal, disclose or make known any Personal Information to any person. You will securely destroy any and all Personal Information immediately after completing any Service the Personal Information pertains to. You agree to comply with Skip’s Privacy Policy, as updated or amended by us from time to time.
• 11.5 You warrant that you will act solely as a Data Processor, process Personal Information only for the purpose of providing Delivery Services and will comply at all times with the terms of this Participation Agreement, Skip’s Privacy Policy and relevant Data Protection Laws. You will maintain appropriate measures to ensure that Personal Information you access remains protected, including by implementing and maintaining physical, technical and organisational measures that are appropriate to the risks presented by your processing of the Personal Information. You will not transfer any Personal Information outside of Canada or process Personal Information inconsistent with your obligations as imposed under this section 11, Skip’s Privacy Policy and relevant Data Protection Laws.
• 11.6 You agree to follow any instructions we give you in respect of your processing of Personal Information under this Participation Agreement, including but not limited to deleting or returning the Personal Information upon Skip’s request, or any other instructions that may assist and enable us to comply with our obligations under the Data Protection Laws.
• 11.7 You will not process the Personal Information for your own purposes except with our prior written approval. In particular, you will not send any communications to Customers except via any masked telephone number, hardware or software provided by us to you. You will immediately notify us on becoming aware of any actual or possible breach of this clause. You will indemnify us for any loss, damage, dispute or third-party claim incurred by us as a result of your breach of this clause.

12 Confidentiality

• 12.1 During your performance of Delivery Services or under this Participation Agreement, you may have access to confidential information, including in respect of Skip and its related entities or other third parties. Confidential Information includes, but is not limited to, Skip data, Store information, Customer information (name, address, contact information, pictures etc.), Delivery Items and other information which is designated as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure (“Confidential Information”).
• 12.2 You agree that while you are registered with us to operate as an independent contractor and at all times thereafter, you will not, without the prior written approval of Skip or as required by law:
  • Use the Confidential Information for any purpose, other than for the purpose of providing the Delivery Services;
  • Reveal, disclose or make known any Confidential Information to any person;
  • Retain, duplicate, store, or copy Confidential Information except as necessary to fulfill your obligations under this Participation Agreement or as required by Applicable Law;
  • Post or cause any Confidential Information to be posted on any Social Media Platform or third-party platform.
• 12.3 Nothing in this section 12 prohibits you from using Confidential Information that was not acquired under this Participation Agreement for other purposes, including for the promotion and sale of your Delivery Services to Stores and Customers.
• 12.4 You agree to safeguard your login information (username, password, etc.) associated with your courier account, and you shall not share this login information with any third party (subject to section 6.11(c)).
• 12.5 If you share your login information, you agree to the following:
  • Skip shall not be responsible for any issues arising from you sharing your account credentials;
  • You will promptly notify us of any unauthorized or improper access to your account;
  • You acknowledge that you are solely responsible for any consequences resulting from unauthorized access to your account due to your failure to safeguard login information;
  • Any breach of this section 12.5 may result in suspension or revocation of your access to the Platform.

13 Limitation of Liability

• 13.1 You acknowledge and agree that Skip is not liable for any actions or omissions by you or your Personnel. You are responsible for any liabilities that may arise from your interactions, or those of your Personnel, with Consumers, Stores, or Third Parties.
• 13.2 You acknowledge and agree that Skip shall not be liable for any actions, omissions, or conduct of Customers, Stores, or third parties, including but not limited to any disputes, damages, or claims arising from interactions or transactions between you, your Personnel and Customers, Stores, or third parties.
• 13.3 You are not obligated to notify Skip if any Customer or Store breaches the Skip Social Code. If you decide to inform Skip of such a breach, Skip will conduct an investigation and take appropriate actions as necessary.
• 13.4 In no event shall Skip be liable to you for any indirect, special, incidental, consequential, or punitive damages to you or your Personnel arising from or related to this Participation Agreement.
• 13.5 The maximum liability of Skip under this Participation Agreement, whether arising in contract, tort (including negligence and gross negligence), or otherwise, shall be limited to the total Delivery Fees paid to you under this Participation Agreement over a six-month period immediately preceding the event giving rise to the claim.

14 Indemnification

14.1 You agree to indemnify, defend, and hold harmless Skip (including its officers, directors, employees, and agents) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
• Any breach of this Participation Agreement by you or your Personnel,
• Any negligent or intentional acts or omissions by you or your Personnel,
• Any violation of Applicable Laws or regulations by you or your Personnel,
• Any claims or actions brought by third parties arising from your actions or omissions.
14.2 Your indemnification obligations shall not apply to the extent that any claims arise solely from the gross negligence or willful misconduct of Skip.
14.3 The indemnification obligations under this section 14.1 shall survive the termination or expiration of this Participation Agreement and shall be enforceable to the fullest extent permitted by law.

15 Termination

• 15.1 Term This Participation Agreement will start on the date and time that you click “Yes, I agree,” and shall remain in force until terminated by you or us (“Term”).
• 15.2 Termination by you
  • You may opt out of this Participation Agreement at any time.
  • For certainty, opting out of the Shop + Pay Delivery Experience will not impact your ability to continue offering Delivery Services on the Skip Platform.
  • You may terminate this Participation Agreement and end your contractual relationship with Skip for any, or no, reason without notice.
• 15.3 Termination by Skip
  • (a) Without prejudice to section 15.3(b) of this Participation Agreement, we may terminate this Agreement and end the relationship between you and us for any, or no, reason on giving you 7 days’ written notice.
  • (b) We may terminate this Participation Agreement with immediate effect if you have not accepted a Delivery Opportunity in any rolling 6-month period.
  • (c) Without prejudice to any other right or remedy we may have against you, we may suspend or terminate this Participation Agreement with immediate effect with no liability to make any further payment to you if at any time you:
    • fail to meet the Service Levels Expectations outlined in Schedule A;
    • lose your authorization to work in Canada;
    • commit Fraud under this Participation Agreement or your Courier Agreement;
    • are convicted of a criminal offence that, in the opinion of Skip, acting reasonably, directly impacts your ability to offer Delivery Services;
    • fail to comply with the Skip Privacy Policy, Skip Social Code, Terms of Services; or
    • commit any other act which we consider may negatively impact Just Eat’s brand or reputation.
  • (e) If Skip receives notice or suspects a violation of section 15(c) of this Participation Agreement, Social Code, Privacy Policy or Service Levels Expectations, Skip may temporarily suspend your access to the Platform for a period necessary to investigate.

16 Representation and Warranties

SKIP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF SKIP'S PRODUCTS OR SERVICES TO WHICH YOUR PROVISION OF THE SERVICES RELATES. SKIP'S SERVICES AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

17 Governing Law

This Agreement will be construed and interpreted in accordance with the laws of the Province of Ontario carefully review this section as it pertains to the process for resolving disputes:

Within 30 days of executing this agreement, you have the option to opt out of the arbitration provision by sending a written notice to SKIP via email stating your intent to opt-out. If you choose to opt-out, any dispute will be exclusively resolved through litigation in the courts of Ontario.

Send your opt-out email to contractor.response@skipthedishes.ca

In your opt-out email, please include the following information:

• The name on your courier account
• Email address associated with your courier account
• Phone number associated with your courier account
• A copy of your valid government-issued ID

Please note:

• You cannot opt-out on behalf of another courier.
• Opting out of arbitration will not result in any penalties.
• Your decision to opt out of the Arbitration clause under this Participation Agreement does not affect your arbitration obligation under the Courier Agreement if you did not opt out of the arbitration clause in that agreement.

18 Arbitration

1. 18.1 If there is any dispute or controversy between (a) You or any of Your Personnel and Skip or any related entity, including any dispute or controversy arising out of or relating to this Participation Agreement, any Delivery Services, any interactions or transactions between (b) You or any of Your Personnel and Skip or any related entity, or in respect of any legal relationship associated with or derived from this Participation Agreement, including this Participation Agreement's negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party to this Participation Agreement (each, a "Dispute"), the party raising the dispute shall serve any notice on the other party and each party must use good faith efforts to resolve the Dispute informally.
2. 18.2 If the Dispute is not resolved after twenty (20) business days of a party serving notice on the other party that there is a Dispute, the parties agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the Alternative Dispute Resolution Institute of Canada, Inc. The parties agree that the arbitration will be conducted by the parties on an ad hoc basis and will not be administered by the ADR Institute of Canada, Inc.
3. 18.3 If You are a resident of the Province of Quebec, the seat of the arbitration will be Quebec or such other location as agreed to by the parties acting reasonably. The language of the arbitration will be either French or English, at your election.
4. 18.4 If You are a resident of a province other than Quebec, the seat of the arbitration will be Ontario or such other location as agreed to by the parties acting reasonably. The language of the arbitration will be English.
5. 18.5 Skip will pay the reasonable arbitration costs. There will be no appeals from any question of fact or law, or any other issue.

19 Severance

If any provision or part-provision of this Participation Agreement is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this section 19 will not affect the validity and enforceability of the rest of this Participation Agreement.

20 Notices

Any notices to be served under this Agreement may be served by email using the following addresses:

• Email address for general contract-related inquiries to Skip: courier@skipthedishes.ca
• Email address to opt out of Arbitration: contractor.response@skipthedishes.ca
• Email address for you: the email address you used when you created your courier account with us

21 Miscellaneous: Amendment and Modification

1. 21.1 Skip may modify this Participation Agreement, including its exhibits, schedules, addenda or appendices by publishing an updated version on the Platform or App.
2. 21.2 The amendment will take effect at a specified time after the notice's effective date unless you terminate the Participation Agreement by giving notice before the amendment takes effect.
3. 21.3 Skip will provide you with a 7-day notice if there are significant changes that will materially impact how you provide Delivery Services.
4. 21.4 If you do not agree to the amended Participation Agreement, you may terminate this Participation Agreement immediately, but before the effective date of the amendment. However, if you continue to accept Delivery opportunities after the effective date of the updated Participation Agreement, you will be deemed to have accepted the updated terms.
5. 21.5 Any amendment to this Participation Agreement cannot retroactively change binding dispute-resolution provisions of the Participation Agreement for ongoing disputes unless both parties expressly agree otherwise.

22 Definitions

“Acceptance Rate” means couriers earn 10% towards their acceptance rating for each Delivery Opportunity accepted up to 100%. Acceptance rating is flexible and calculated on a rolling basis based on the most recent ten (10) Delivery Opportunities, and it carries over into each new Delivery Run.

Definitions

“Addendum” or “Addenda”

Means any additional document, update, or modification that is added to this Participation Agreement and becomes an integral part of the agreement.

“Applicable Law” or “Applicable Laws”

Refers to any laws, ordinances, constitutions, regulations, statutes, principles of common law, and requirements enacted or deemed applicable by or under the authority of any governmental body having jurisdiction over the Delivery Driver and Skip.

“Courier Account”

Means the Delivery Driver’s account on the Platform used to access the Courier App.

“Courier Agreement”

Means the contract signed by the Delivery Driver upon registration to offer delivery services on the Platform.

“Courier App” or “App”

Means the mobile application or software platform that is licensed by Skip and can be used by the Delivery Driver to receive Delivery Opportunities.

“Customer”

Means the individual or entity that has selected Delivery Items from a Store using the Platform and receives delivery of Delivery Items delivered by the Delivery Driver.

“Customer Delivery Instructions”

Means any directions, requests, or instructions given by Customers regarding how they want Delivery Orders to be delivered to their specified delivery location.

“Delivery”, “Deliveries”

Means the delivery of the Delivery Items to a Customer in accordance with the terms of this Participation Agreement or Courier Agreement.

“Delivery Item” or “Delivery Items”

Means the goods or products specified in a delivery order, chosen and purchased by the Customer from the Store via the Platform, and expected to be selected in the Store by the Delivery Driver for delivery.

“Delivery Opportunity” or “Delivery Opportunities”

Means a notification to you via the App containing an offer for you to participate in a Shop + Pay Delivery Experience.

“Delivery Runs”

Means a scheduled period of time we may allocate to you in response to you indicating your availability via the App.

“Delivery Service” or “Delivery Services”

Means the Delivery Driver’s provision of transportation and delivery of goods and products under the Courier Agreement and the provision of shopping and delivery of Delivery Items under this Shop + Pay Participation Agreement.

“Delivery Time”

Means the expected time frame indicated in-App within which Delivery Runs are to be completed.

“Fraud”

Means any act or omission aimed at deceiving, manipulating, or misrepresenting information in connection with the use of the App or Platform. This includes but is not limited to (i) falsifying delivery information, (ii) submitting false claims for restaurant holds, (iii) abusing Incentive Fee Offers, (iv) creating multiple accounts to gain unfair advantages, (v) deliberately manipulating GPS location data to deceive the App about location or to inflate delivery fees, including GPS spoofing, (vi) falsely using referral incentives, (vii) disputing a charge for Shop + Pay Delivery Experience on your credit card after receiving reimbursement, (viii) colluding with Stores or Customers to receive payment for uncompleted deliveries, including through chargebacks, (ix) intentional misuse of Orange Card, (x) manipulating or misrepresenting documents provided to Skip as part of a contractual relationship, (xi) engaging in any activity or other deceptive or dishonest conduct deemed fraudulent under Applicable Laws.

“FastCash”

Means the functionality that allows Delivery Drivers to instantly access their earnings on a daily or weekly basis, provided they meet the withdrawal threshold and pay the required fee.

“Open Run” or “Open Runs”

Means a period of time we have designated during which you can select via the App to make yourself available for Delivery Opportunities without the need for a Delivery Run having been allocated to you.

“Skip Visa Card”

Means the digital financial instrument provided by Skip through a third party, enabling Delivery Drivers to access funds and pay for ordered items at a Store on behalf of Customers.

“Personal Items”

Means Delivery Items that are of a personal nature and are intended for private use by Customer.

“Personnel”

Means any individual or entity hired by you to perform specific tasks or provide services that are part of Delivery Services or to complete Deliveries.

“Platform”

Refers to the digital or online framework provided by Skip or its Affiliates entity that facilitates interactions, transactions, or the provision of Delivery Services.

“Regulated Items”

Means Delivery Items that are subject to specific regulations, restrictions, or conditions regarding their sale, distribution, transportation or delivery.

“Shop + Pay Delivery Experience” or “Delivery Experience”

Means the services provided by Delivery Drivers acting as independent contractors whereby Delivery Drivers accept Delivery Opportunities that involve locating, shopping, paying for, packing, and delivering pre-selected Delivery Items on behalf of Customers.

“Store” or “Stores”

Refer to the business entity or individual whose goods are made available for purchase by the Customer through the Platform.

SCHEDULE A

1. Service Level Expectations

1.1 You must maintain active, valid and accurate geolocation and data services on your phone for the duration of the Delivery Experience.

1.2 Further, if you choose to accept a Delivery Opportunity, you will be responsible for completing Delivery in line with your reasonable judgment as an independent contractor in light of the expectations below:

1.3 Shopping

• Performing the shopping with a reasonable level of care, skill and diligence and in compliance with all health and safety laws, rules and regulations and with the Skip Social Code and Privacy Policy;
• Verifying if requested Delivery Items are available for purchase;
• Using the Customer in-app shopping lists to select and retrieve requested Delivery Items accurately and efficiently;
• Inspecting selected Delivery Items for quality, freshness, and expiration dates;
• Using your smartphone and App to scan bar codes where applicable;
• Identifying any out-of-stock Delivery Item and indicating in-App;
• Communicating with Customers regarding orders via the App if applicable;
• Utilizing the App to input Delivery Item replacements and request refunds for Customers if applicable;
• Undertaking any other actions necessary for you to fulfill the Shop + Pay Delivery Experience.

1.4 Order Processing and Payment

• Installing the Skip Visa Card in the App;
• Processing Delivery Items through Stores' checkout registers and terminals;
• Paying for Delivery Items using the Skip Visa Card.

1.5 Handling and Transportation

• Carefully packing Delivery Items in an organized and efficient manner to ensure safe transportation and delivery;
• If the Delivery Items contain Personal Items, you will ensure that they are packaged in a manner where the content or label is not visible;
• Arranging Delivery Items to prevent damage during transit and maintain food safety standards;
• Comply with the details set out in the Delivery Opportunity, including:
  • the time specified for arrival at the Store;
  • the time specified for delivery to the Customer; and
  • ensuring you deliver the Delivery Items to the address set out in the Delivery Opportunity;
• Delivering the items to Customers in line with the Customer Delivery Instructions where applicable;
• Taking in-app pictures as proof of delivery;
• Communicating with Customer as required to facilitate Delivery; and
• Taking all steps that you deem necessary to facilitate Delivery.

2. Regulated Items

2.1 You are not obligated to accept Delivery Opportunities that include Regulated Items. If you choose to accept such Delivery Opportunities, you acknowledge and agree to comply with all applicable federal, provincial, and local laws, regulations, and licensing requirements pertaining to the delivery of Regulated Items.

2.2 You shall maintain all necessary permits, licenses, and certifications required to legally shop, transport and deliver Regulated Items.

2.3 You shall require a valid government-issued identification (such as a driver's license or passport) from Customer to verify age or identity when delivering Regulated Items that require age verification.

2.4 You agree to handle and transport Regulated Items in accordance with any special instructions provided by Applicable Laws, the Store or Customer regarding their proper handling and delivery.

2.5 You agree to promptly notify Skip of any circumstances preventing the successful delivery of Regulated Items and follow established procedures for returning such items.

I accept

×

Skip Privacy Statement for Couriers

This Privacy Statement (“Statement”) explains how SkipTheDishes Restaurant Services Inc. ("Skip", "we", "us", "our", etc.) collects, uses and discloses personal and business data of Couriers contracted to deliver orders (including couriers who have signed up to deliver orders, but have not yet completed the contractor signup process) via our website located at www.courier.skipthedishes.com or the various associated websites, platforms or applications, including the Courier App and Courier Portal (collectively and each individually, the "Courier Platform").

At Skip we are committed to protecting the privacy of everyone in our community and who makes use of our services. It is important that you read this Statement, together with any other privacy statement or policy we may provide on specific occasions when we are collecting or processing data about you, so that you are aware of how and why we are using such data, your rights regarding your data and how to exercise them.

By visiting and/or using the Courier Platform, you consent to the collection, use, storage, disclosure and transfer of your data as set out in this Statement. In some cases, we may ask you to provide explicit consent if we intend to collect, use or disclose your data otherwise than as indicated in this Statement, however sometimes your consent may be implied through your conduct with us.

If you do not agree with any part of this Statement you should not use or conduct any transactions on the Courier Platform, navigate away from the Courier Platform immediately, and uninstall our application.

What data is processed in the Courier Platform

Personal Data means any information or set of information from which we are able, directly or indirectly, to personally identify you, in particular by reference to an identifier e.g. name, email address, phone number, etc. Personal Data does not include data where the identity has been removed (anonymous data). In some cases, Personal Data can also be business information and may be subject to certain exceptions under applicable privacy laws.

The following Personal Data and/or business information is collected through the Courier Platform and processed by us:

• First and last name
• Contact information, including your mailing address, phone number and email address and password
• Identification documents
• Proof of work eligibility
• Vehicle and insurance information
• Background check information
• Banking information
• Tax information, including SINs/BINs
• Timestamps relating to:
  • Your accepted shifts;
  • Your start and end times; and
  • Your job interactions, including geo-fenced timestamps for food collection and delivery
• Your live GPS location and route taken
• Your availability
• IP Address
• Device data including your model, manufacturer, MAC Address and software version
• Communications data
• Other contractor materials we require from you, such as alcohol delivery certification.

Why we process Personal Data and business information

When using the Courier Platform, Skip may process your data for the following purposes:

1. Account creation

In order to provide your independently contracted delivery services via the Courier Platform, you must sign-up for a courier account. We use this information to handle your submission and to manage any ongoing contractor relationship.

2. Setting your availability and obtaining shifts

In order to deliver on the Courier Platform, you must provide us with your availability so that we can offer you shifts.

3. Order delivery, network efficiency and optimisation

Your GPS location is used for order delivery, network efficiency and optimisation. During an active shift, we access your live GPS location, and any routes taken to pick up or drop off orders. We need to access your GPS location at regular intervals and when you “swipe” in the Courier App at various stages in the delivery process, so that we can offer you orders for delivery, which you can always accept or decline, and track your location and route taken during delivery. This data is stored and used by Skip to better estimate drive times, and to support customer service inquiries from customers and Partners.

We also need to access your location while you are looking for a shift in order to show you delivery zones near you. If you are not using the Courier App, we do not process your GPS location.

If you are using an iOS device, you must set your location settings to “Allow Location Access: Always” and “Precise location: on”.

If you are using an Android device, you must set your location settings to “Allow Location Access all the time”.

These tracking settings must be turned on while you are using the Courier App. If you turn off the tracking settings on your phone, the Courier App will not work properly and your phone will prompt you to switch the location settings back on.

You may choose to turn off these settings when you are not using the Courier App. Even if you choose to leave these settings on when you are not using the Courier App, Skip does not access your location when you are not on shift or using the Courier App.

We also access your speed to determine if your app has been updated while you are moving through the delivery process.

If you try to contact the customer via the Courier App in order to complete your delivery, we keep a log of whether you attempted to call or text the customer, including timestamps, and we collect the content of text or in-app messages with the customer. This Communications Data is used to support customer service inquiries from customers and Partners.

4. Customer and Partner reviews

Partners (restaurants, convenience stores, grocery stores and other businesses that offer products for delivery on www.skipthedishes.com, or the various associated websites, platforms or applications (collectively and each individually, the "Skip Platform")) and/or customers may be provided with the opportunity to provide a review of your delivery services.

5. Support

The Courier Platform allows you to ask support questions by chat, email or phone related to your delivery services and/or courier account. Skip will use your data to provide you with the necessary support. Calls may be recorded for training and quality purposes.

6. Loyalty programs and campaigns

Skip offers loyalty programs to provide you with offers and discounts. When you make use of one of our loyalty programs, we process your data to provide you with the discounts or offers as set out in the respective loyalty program. From time to time, Skip may also launch contests, sweepstakes or other promotions.

7. Courier research

To improve our services and platforms, Skip may approach you to participate in courier research; such as but not limited to, surveys, user testing and focus groups. We only send you these types of communications with your prior consent, unless this is not necessary according to the applicable law. Participation in the courier satisfaction surveys is completely voluntary. If you do not wish to receive these surveys you can unsubscribe from them in the messages itself, or by otherwise contacting Skip.

8. Analysis

Skip uses your data to create data in aggregate and/or de-identified format to be able to conduct internal research and analytics, improve the Courier Platform including our range of products and services and any other legally permissible purpose.

Skip may provide aggregate or de-identified data to meet reporting obligations to promotional partners.

9. Marketing and other communications

Skip will process your business contact information to communicate with you about your courier account, deliveries performed by you, feedback received from customers and/or Partners about your delivery services, and any other communications relevant to your contract with Skip, or your application to contract with Skip. We may also process your data to notify you occasionally about important changes or developments to the Courier Platform, products, services or your account, including changes to this Privacy Statement, Skip’s Terms of Service/Use or your contract with Skip. You cannot opt out of the above communications unless you terminate your contractual relationship with Skip.

We might use your data for personalized communications, marketing and product or services personalization. With your prior consent or when permitted by applicable law, we may send you communications about events, products and services that may be of interest to you including offers of products, services and discounts from select third parties, as described below under “Sharing with others”. Although we mostly engage in email communications, we may contact you via different channels such as: SMS/MMS, website, mobile applications or via third parties such as social media or other publishers.

It is always your choice whether to receive or to continue receiving such marketing materials and updates from us. You can opt-out using the unsubscribe mechanism in the communication itself (e.g. by clicking the unsubscribe link at the bottom of an email or by replying with the word "STOP" to an SMS/MMS or by following other provided instructions). To manage push notifications, go to the settings page of your phone or tablet and change the push notification permission for the Courier App. If you switch off in-app push notifications, you will no longer receive updates on your orders for delivery via push.

10. Cookies and App Analytics

Skip and its third party service providers use cookies or similar technologies for functional, analytical, and marketing purposes. A “cookie” is a tiny element of data that the Skip Platform can send to your browser, which may then be stored on your web browser or mobile device so we can recognize you when you return. Data processed for cookie purposes defer per purpose (functional, analytical or marketing) and depend on the preferences set by you.

Functional Cookies are used to ensure our website remembers your choices and provides better functionality and personalized features.

Analytical Cookies are used to improve our website and our visitors’ experience by analyzing the behaviors and usage patterns of visitors to the Courier Platform.

You may set your web browser or smartphone to notify you when you receive a cookie or to not accept certain cookies. It is also possible to delete already placed cookies. By disabling cookies it is possible that parts of our website will no longer work. By clicking on one of the links below you will find how you can change your settings per browser and possibly delete your cookies:

Chrome Firefox Internet Explorer Edge Safari (iOS)

Cookies that are needed for our website and its features to function (Necessary Cookies) cannot be deactivated.

11. Fraud prevention and detection and network security

We process your data to implement, carry out and maintain security measures aimed at protecting ourselves and Couriers from identity theft, fraud and unauthorized access to an account, and to prevent and/or detect fraud and other forms of misuse on the Courier Platform, such as, but not limited to: undelivered orders, the identification and prevention of duplicate courier accounts, etc.

Additional purposes

We will only use your data for the purposes described above. If we want to use the data for a different purpose, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Where required by applicable data protection law, we will obtain your consent.

Automated decision-making

In the performance of our contract with you and to improve our platform, Skip and its service providers uses your data to render decisions based exclusively on automated processing for the following purposes:

• To select orders to offer you for delivery and predict/estimate drive times;
• Use the availability provided by you to provide you with shifts;
• By our service providers in the performance of background checks and/or identity and document verification;
• Network security and fraud detection/prevention purposes.

Please see below for information on how you can submit your observations regarding the automated decision making which affects you or when such automated decision-making and/or profiling leads to a negative decision about you, and you do not agree with it.

How long we store data for

We will only retain your data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, tax, accounting, or reporting requirements. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personal information, or if required or permitted by law. To determine the appropriate retention period for data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal and contractual requirements.

In some circumstances we may anonymise your data so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Sharing with customers and Partners

Both Partners and customers will be able to see your first name and your GPS location while you are on delivery. Once an order is picked up from the Partner, your location information will no longer be available to the Partner. Once the order has been delivered to the customer, your location information will no longer be available to the customer.

Sharing with others

Skip may work with other companies within the JET group (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) and other third parties and service providers in order to carry out the processing described above and/or to comply with legal obligations.

These group companies and service providers will process your data on behalf of us and have access to your data for the purposes described in this Statement, including processing credit card payments and providing services or products for us. By submitting your data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Statement.

If you have consented we may share your data with select third parties, including Partners, advertising and marketing companies and promotional partners, so that we or they may contact you about our or their products or services that may be of interest to you (subject to compliance with Canada's anti-spam legislation). Such third parties may contact you by mail, telephone, mobile messaging (e.g. SMS, MMS, etc.) or email. If you change your mind about being contacted by these parties in the future, please let us know by using the contact details set out at the end of this Privacy Statement or by following other provided instructions.

Additionally, we may use the data that you provide to us if we are under a duty to disclose or share your data in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the Terms of Service/Use and any other agreement we have with you. This includes exchanging data with other companies and other organizations for the purposes of fraud protection and prevention. We and our service providers may use or disclose your data 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 law or legal process. Your data may also be used or disclosed where necessary or desirable for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your data may be disclosed or transferred to the target company, our new business partners or owners or their advisors provided that the information disclosed continues to be used for the purposes permitted by this Privacy Statement by the entity acquiring the information.

Your data may be shared with the following parties:

• JET Group
• Software providers
• Advertising and marketing companies and promotional partners
• Implementation partners
• Payment and card service providers
• User testing, survey and research partners
• Loyalty program partners
• Professional advisors
• Law enforcement, regulatory bodies and/or government agencies
• Prospective buyers
• Any other party provided that you have given your consent to the disclosure

Where your data gets sent

The data you provide to us will be held on our servers which may be in Canada, the United States, Australia, Japan, United Kingdom and/or Ireland. In addition, your data may be accessed by or provided to our staff working outside of Canada (and outside of Quebec) and/or to service providers and/or to third parties including companies within JET Group who may be located outside of Canada (and outside of Quebec) and act for us for the purposes set out in this Statement or for other purposes notified to you. For example, we may send data outside of Canada (and outside of Quebec) for processing and storage by other companies within the JET Group of companies or by our or their service providers.

While your data is outside of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Certain countries outside of Canada and the European Economic Area do not always have equivalent strong data protection laws irrespective of the safeguards we have put in place for the protection of your information in accordance with this Statement.

Personal Data rights and questions or complaints

You can exercise the rights provided for by applicable data protection laws, which may include: the right to request access to and/or rectification of your Personal Data, the right to cease dissemination (in Quebec), the right to submit observations of automated decision making (in Quebec) and the right to withdraw your consent (subject to legal and contractual restrictions and provided that reasonable notice is given to us), as well as to lodge a complaint with a regulatory authority directly (collectively, “Personal Data Rights”). Your Personal Data Rights are subject to certain exceptions and restrictions prescribed by law.

To exercise your Personal Data Rights or submit a question (including any questions you might have about Skip’s governance policies and practices regarding Personal Data) or complaint, please email or write to us at the contact information set out below. We may request certain information from you for the purposes of verifying the identity of the individual seeking access to their Personal Data records and may restrict access to certain Personal Data as required or permitted by applicable law or legal process.

If you withdraw your consent to receive information regarding certain products, publications, services or events being offered by Skip, you will no longer receive those types of communications.

Security

Skip and JET Group takes personal data protection very seriously and we therefore take appropriate administrative, technical and physical measures to protect your Personal Data against misuse, loss, unauthorised access, unwanted disclosure, and unauthorised alteration. The transmission of information via the internet is not completely secure. Although we will take steps to protect your personal information, we cannot guarantee the security of your personal information or other data transmitted to the Courier Platform; any transmission is at your own risk. If you feel that your Personal Data is not adequately protected or there are indications of misuse, please contact us as indicated below.

How to contact us

If you have any questions or concerns about this Statement and/or our privacy practices, or if you would like to exercise your Personal Data Rights or submit a concern or complaint, please contact our Privacy Officer:

Data Protection Officer SkipTheDishes Restaurant Services Inc. Suite 410 - 242 Hargrave Street Winnipeg, Manitoba, R3C 0M8

or by by email at privacy@skipthedishes.com

Updates to this Privacy Statement

We may update this Privacy Statement from time to time in response to changing legal, technical or business developments. Your continued use of the Courier Platform after any change of our Statement will constitute your acceptance of the revised terms of this Statement.

We encourage you to periodically review this Statement for the latest information on our privacy practices. When we update our Privacy Statement, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Where required by applicable data protection law, we will obtain your consent to any material changes to this Statement

This Privacy Statement was last updated on 10-13-2023.

I accept