Terms and Conditions

RBarrel.com User Agreement

This document ("User Agreement") contains the terms and conditions that govern all aspects of your use of rbarrel.com, including any transactions you may complete or attempt to complete using rbarrel.com. PLEASE READ THIS USER AGREEMENT CAREFULLY. By using the rbarrel.com site, you acknowledge your full understanding and acceptance of the terms contained within this User Agreement, and confirm that: (a) you are at least 18 years of age; and (b) you will not use information on rbarrel.com for purposes other than building audiences for digital advertising campaigns.

RainBarrel Inc. has the right at any time to amend any Rules, Terms of Use and Conditions. It is your responsibility to be familiar with the current Rules, Terms of Use and Conditions at all times. You acknowledge and agree that your continued use of rbarrel.com constitutes your acceptance of the Rules, Terms of Use and Conditions in force at that time.

1.0 Introduction

1.01 Definitions and Interpretation

See Schedule A for meanings of certain words and terms used within this User Agreement.

1.02 Introduction

RainBarrel Inc. offers to individuals who are 18 years of age or older, the opportunity to register online with RainBarrel Inc. and, if approved and granted an Account at RainBarrel Inc.'s sole discretion, to view Products offered on rbarrel.com. RainBarrel Inc. has the right at any time and at its sole discretion to, without notice, discontinue or limit the sale of Products through rbarrel.com or to modify the manner in which it sells Products.

1.03 Rules

All Products offered on rbarrel.com are governed by and offered subject to the Rules that apply to each particular Product.

2.0 Registration

2.01 Registration Requirement

Only Registered Users are permitted to view Products on rbarrel.com.

2.02 Registration Eligibility

In order to become a Registered User, you must be at least 18 years of age, not Otherwise Prohibited and able to satisfy any requirements RainBarrel Inc. may have from time to time to confirm your identity.

2.03 True, Accurate and Complete Information

Registered Users must provide RainBarrel Inc. with accurate and current Account information and immediately update your Account information with any change to ensure such information remains true, accurate and complete.

2.03 True, Accurate and 2.04 RainBarrel Inc.'s Discretion to Refuse, Suspend or TerminateComplete Information

Registered Users must provide RainBarrel Inc. with accurate and current Account information and immediately update your Account information with any chRainBarrel Inc. may refuse to register an individual who does not meet the requirements set out in 2.02, and/or if it is not satisfied that the Registration information provided is true, accurate and current.

RainBarrel Inc. may, at any time and without notice, suspend or terminate your Account if you breach or are suspected of breaching any term of this User Agreement, Rules, Terms of Use, Conditions or if RainBarrel Inc. is not satisfied that the Registration information you provided is true, accurate and current, or if RainBarrel Inc. in its sole and absolute discretion deems it appropriate.ange to ensure such information remains true, accurate and complete.

3.0 User Responsibility

3.01 Compliant Use

Registered Users may only use your Account for use in compliance with your local privacy laws and regulations and are not permitted to use your Account or any content on rbarrel.com for any other purpose than audiences for digital advertising campaigns.

3.02 Interfere with Products

Registered Users may only use your Account for use in compliance with your local privacy laws and regulations and are not permitted to use your AccouRegistered Users will not interfere or manipulate with the operations of the Computer Systems or the data integrity of the Products, nor will you attempt to do so.nt or any content on rbarrel.com for any other purpose than audiences for digital advertising campaigns.

3.03 Product Errors

If you become aware that any Product contains any error, you must report this to RainBarrel Inc. immediately. Further, you agree not to take advantage of any such error.

3.04 Prohibited Activities

Registered Users will not engage in Prohibited Activities. If you suspect a user is engaging in Prohibited Activities, you must report this to RainBarrel Inc. immediately. You acknowledge that using online Products poses inherent risks including the risk that other users are engaging in Prohibited Activities. RainBarrel Inc. will not be liable for any losses or damages incurred by you due to Prohibited Activities of other users.

3.05 Responsibility to be Familiar with Rules

RainBarrel Inc. has the right at any time and in its sole and absolute discretion to amend any Rules, Terms of Use, and Conditions. It is your responsibility to be familiar with the current Rules, Terms of Use, and Conditions at all times. You acknowledge and agree that your continued use of rbarrel.com constitutes your acceptance of the terms of the Rules, Terms of Use, and Conditions in force at the time of use.

4.0 Account

4.01 User Account Information

You may be required to provide information to RainBarrel Inc. and its third-party service providers for the purpose of: i) identity verification; ii) payment processing; iii) location verification; iv) analytics; v) customer relationship management and user support; vi) email services; and vii) technical support of rbarrel.com ;viii) legislative and regulatory compliance; IX) fraud prevention; criminal investigations; X) User Agreement compliance; and XI) FINTRAC requirements.

We may attempt to verify your age and identity during registration through a “Soft Inquiry” with Equifax Canada or similar service. Soft Inquiries do not impact your credit score and are not used to calculate individual credit scores at any time.

All sensitive personal information that is provided to RainBarrel Inc. will be stored in the RainBarrel System located in Canada.

4.02 Username, Password

For security, Registered users must create your own unique username and password. You will be required to enter your username and password prior to accessing your Account. It is your responsibility to keep your username and password confidential. RainBarrel Inc. is not liable for any access to or use of your Account, including situations in which the access was unauthorized or unintended. This includes but is not limited to circumstances where you inadvertently or otherwise disclose your username and/or password, or where you use software that automatically enters or saves your username and/or password.

4.03 Email Account

Registered users must provide an email address to be associated with your Account to receive email verifications from RainBarrel Inc. relating to your Account. It is your responsibility to keep your associated email account secure.

4.04 One Account

Registered users may hold only one (1) Account. Only the Registered user, acting on his or her own behalf, is permitted to use the Account.

4.05 Closing of Account by RainBarrel Inc.

RainBarrel Inc. may close your Inactive Account.

4.06 Closing of Account by Registered User

In the event that a Registered User wishes to close their Account, they must provide RainBarrel Inc. with notice of your intent to close the Account in a form determined by RainBarrel Inc.

4.07 Information and Documentation

In order to provide Products RainBarrel Inc. may require information and documentation from you that it considers necessary or advisable in its sole discretion to:

• verify your identity;
• process payment comply with applicable law or regulatory requirements including FINTRAC reporting obligations;
• comply with RainBarrel Inc.'s validation and security procedures;
• prevent and investigate Prohibited Activities; and
• ensure compliance with the User Agreement, Rules, Terms of Use, or, Promotion Conditions.

5.0 Purchasing Products on rbarrel.com

5.01 Accuracy of Purchased Data

You are solely responsible for ensuring that the details of your purchase and/or audience are correct before you submit your audience in a third-party advertising platform. In the event of any dispute or discrepancy regarding any aspect of your purchase, THE INFORMATION IN THE APPLICABLE THIRD PARTY PLATFORM WILL PREVAIL, AND ONLY THE PURCHASE RECORDED BY THE THIRD PARTY PLATFORM SYSTEMS WILL BE RECOGNIZED. RAINBARRE INC. SHALL NOT BE LIABLE FOR ERRORS OR DAMAGES RELATED TO PURCHASE OF DATA PRODUCTS IN THIRD PARTY PLATFORMS.

5.02 No Cancellation of Purchase

You are solely responsible for ensuring that the details of your purchase and/or audience are correct before you submit your audience in a third-party advertising platform. In the event of any dispute or discrepancy regarding any aspect of your purchase, THE INFORMATION IN THE APPLICABLE THIRD PAROnce a purchase has been made in a third-party advertising platform, you may not cancel it unless permitted by the third-party platform terms and conditions.TY PLATFORM WILL PREVAIL, AND ONLY THE PURCHASE RECORDED BY THE THIRD PARTY PLATFORM SYSTEMS WILL BE RECOGNIZED. RAINBARRE INC. SHALL NOT BE LIABLE FOR ERRORS OR DAMAGES RELATED TO PURCHASE OF DATA PRODUCTS IN THIRD PARTY PLATFORMS.

5.03 Right to Refuse

RainBarrel Inc. reserves the right to, in its sole and absolute discretion; refuse any Product purchase, audience request or selection for any reason whatsoever.

6.0 User Protection

6.01 Opt-Out

Upon choosing to enroll in the rbarrel.com Opt-Out Program, or upon enrollment in RainBarrel Inc.’s Opt-Out program at any other digital property authorized by RainBarrel Inc. to process Opt-Out registration, RainBarrel Inc. has the right to close your Account.

6.02 Privacy

RainBarrel Inc. is committed to protecting your privacy in accordance with the RainBarrel Inc.’s Privacy Policy. Your personal information will be collected, used and disclosed by RainBarrel Inc., and Authorized Providers, only:

• to administer and operate rbarrel.com;
• to facilitate your registration to rbarrel.com and enable your use of rbarrel.com;
• to communicate with you about your account;to send electronic promotional communications in accordance with your communication preferences;
• to customize the content and delivery of our products, services and marketing;for research and data analysis purposes;
• to administer responsible advertising programs;
• to maintain the security of rbarrel.com, including conducting security investigations;
• to investigate Prohibited Activity, including suspected Prohibited Activities, and to report such activities to third parties RainBarrel Inc. determines to be appropriate in the circumstances including law enforcement agencies; and
• to comply with applicable laws, including ensuring you are accessing your account from the appropriate jurisdiction.

Information used for these purposes will be limited only to what is necessary to complete these Program Functions.

When a member opts out of communications, they will no longer receive promotional messages but, they will continue to receive Program related messaging such as updates to the Terms and Conditions or Privacy Policy.  

Members who enroll in RainBarrel Inc.’s Opt-Out program will be removed from all marketing communications for the duration of their enrollment.

All sensitive personal information (including all financial information) will be protected and stored on servers located in Canada but may be accessed remotely by third-party service providers, located in the United States.  A small amount of personal information used to verify the identity of Registered users utilizing chat or call-in services with the Customer Service Centre will be securely stored in Canada and/or the United States.    

7.0 Breach of Agreement

7.01 User Breach

If a Registered User breaches any term or condition of this User Agreement, Rules, Terms of Use, or Conditions RainBarrel Inc. will be entitled to take one or more of the following actions as it determines in its sole discretion:

• suspend or terminate your Account and this User Agreement;
• suspend or terminate accounts believed to be associated to your account such as those from the same organization or domain;
• notify any third parties RainBarrel Inc. determines to be appropriate in the circumstances including advertising platforms and law enforcement agencies; and
• take legal action against you including the right to claim all legal costs and expense in making such action.

7.02 Right to Withhold Product Access

If a Registered User breaches anRainBarrel Inc. has the right at any time and in its sole discretion to, without notice, withhold any Product from you if you breach or are suspected of breaching any term of this User Agreement, Rules, Terms of Use, or Promotion Conditions, including if RainBarrel Inc. is not satisfied that the Registration information you provided is true, accurate and current.y term or condition of this User Agreement, Rules, Terms of Use, or Conditions RainBarrel Inc. will be entitled to take one or more of the following actions as it determines in its sole discretion:

8.0 RainBarrel Inc. Errors

Registered Users acknowledge that a number of circumstances may occur where a RainBarrel Inc. error occurs, including where RainBarrel Inc. accepts an audience request in error, publishes an audience in error, credits your Account in error or processes a withdrawal from your Account in error. Such errors may arise from computer malfunction or human error, including by RainBarrel Inc., RainBarrel Inc. Service Provider, or Authorized Provider employee or contractor. RainBarrel Inc. reserves the right to take all steps it deems necessary to correct such errors. In the event RainBarrel Inc. pays funds to you in error, you agree that you will hold such funds in trust and return such funds on demand to RainBarrel Inc..

9.0 Limitation of Liability

You expressly acknowledge and agree that rbarrel.com is provided on an “as is” and “as available basis. RainBarrel Inc. does not make any promise, representation or warranty regarding rbarrel.com, its operation or availability, or regarding any of the audience or other products or services that are made available on or through rbarrel.com and RainBarrel Inc. hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory.

RainBarrel Inc., its employees, affiliates, related parties, directors, and its third-party service providers will not be liable for any losses from any cause, including negligence, arising from your use of, misuse of, or purchases from the rbarrel.com site or from this User Agreement.

10.0 Warrantees

The Registered User acknowledges that rbarrel.com is provided on an “as is” and “as available” basis. RainBarrel Inc. does not make any representation or warranty regarding rbarrel.com, or any of the Products or other products or services made available on or through rbarrel.com.

11.0 General

11.01 Dispute

In the event of a dispute arising out of a discrepancy between the information displayed on your screen, including information about the data, and the information recorded in the Computer Systems, the information recorded in the Computer Systems will prevail.

11.02 Interpretation

In this User Agreement: (a) a definition applies to other forms of the word; (b) the term “including” means “including without limiting the generality of the foregoing”; and (c) headings are for convenience of reference only and do not affect the interpretation of this User Agreement.

11.03 Governing Law

All aspects of your use of rbarrel.com, including this User Agreement, are governed by and must be construed in accordance with the laws of Alberta and the laws of Canada applicable therein.

11.04 Intellectual Property

RainBarrel Inc. is the owner or licensee of the copyright, trademarks and all other intellectual property rights in and to all aspects of rbarrel.com, and the content therein. Notwithstanding anything else on rbarrel.com, including this User Agreement, Rules, Terms of Use, or Conditions you acquire no rights in or to any such copyright, trademarks or other intellectual property rights.

11.05 Entire Agreement

This User Agreement and the applicable Rules, Terms of Use, and Conditions constitute the entire agreement and understanding between you and RainBarrel Inc. in relation to all aspects of your use of rbarrel.com.

11.06 Enforceability

The invalidity or unenforceability of any portion of this User Agreement will not affect the validity or enforceability of the other portions of the User Agreement.

11.07 No Assignment

Your Account cannot be assigned or transferred.

12.01 Conditions

Audience Acceptance

Any audiences accepted in error against these terms will be Voided.

RainBarrel Inc. reserves the right to limit the number of custom audiences requested for the purposes of liability management.

RainBarrel Inc. may, in its sole discretion, refuse to accept custom audience requests.  

RainBarrel Inc. may change or remove Audiences on offer without prior notice. Without limiting the generality of the foregoing, Compositions of audiences on offer are dynamic and are subject to change without prior notice.

RainBarrel Inc. may refuse to allow any person to access the audiences or limit the amount that a user may access without prior notice.

By accepting these terms you are acknowledging that there is a risk of losing money when buying digital advertising you accept responsibility for any such loss. You accept that your use of RainBarrel Inc. Services is at your sole option, discretion and risk. In relation to any losses occurred you shall have no claims against RainBarrel Inc. or any partner, offices or employees. RainBarrel Inc. reserves the right, in its sole discretion at any time and without notice, to increase or decrease the limit on audiences that will be accepted on any given audience request.

Minimum audience size limits may vary on an individual basis, and by geography or audience type and RainBarrel Inc. may manage liability by adjusting minimum audience sizes.

RainBarrel Inc. reserves the right to amend, suspend or remove features at any time for any user.

Errors

We make every effort to ensure we do not accept an audience request of issue a custom audience in error. However, if as a result of human error or system malfunction, an audience is accepted or issued that is clearly and manifestly incorrect then RainBarrel Inc. reserves the right to void the request or withdraw the audience.

13.0 General Data Usage Rules

RainBarrel Audience Data is intended for targeting digital advertising on approved industry platforms. Use of audience data for purposes other than digital advertising on approved platforms is prohibited, and RainBarrel Inc reserves the right to suspend or terminate User Accounts for uses other than those.

RainBarrel Audiences contain no Personally Identifiable Information (PII), any attempt to identify individuals within the audiences using RainBarrel Inc. data is strictly prohibited and Users suspected of attempting to identify individuals within an audience by any means will be in violation of this rule and subject to to suspension or termination of the User Account and RainBarrel Inc. may refer the situation to the regulatory authorities or law enforcement.

Custom Audience requests must be compliant with the terms and conditions of the third-party platforms on which the audiences will be used for digital advertising. Any attempt to circumvent platform rules with the use or misuse of of RainBarrel audiences will be a violation of this rule. Users suspected of violating this rule may be subject suspension or termination of the User Account and RainBarrel inc. may refer the situation to ot the appropriate platform owners and or regulatory authorities and law enforcement.

Schedule A Definitions

"Account" means your personal transactions which are recorded and maintained by RainBarrel Inc...

"Authorized Providers" means such other entities that RainBarrel Inc. collaborates with to offer Products on rbarrel.com from time to time.

"Computer Systems" means the computer systems utilized by RainBarrel Inc. for the operation of Audience Products.

“FINTRAC” - Financial Transactions and Reports Analysis Centre of Canada. FINTRAC is Canada's financial intelligence unit. Its mandate is to facilitate the detection, prevention and deterrence of money laundering and the financing of terrorist activities, while ensuring the protection of personal information under its control.

"Product" means an audience data product, managed and/ or operated by RainBarrel Inc. and/or Authorized Providers on rbarrel.com, in which audiences are made available for digital advertising targeting on approved third-party platforms in accordance with the applicable Rules.

"Inactive Account" means an account which has had no logins and no purchases during a one year period.

"Mobile Applications" means applications offered by RainBarrel Inc. that are made available on a mobile device such as a smart phone or a tablet computer.

"Otherwise Prohibited" means that an individual has been determined by RainBarrel Inc. in its sole discretion to be ineligible to register or use rbarrel.com.

“PCMLTFA” - Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The objective of the PCMLTFA is to detect and deter money laundering and the financing of terrorist activities. It is also to facilitate investigations and prosecutions of money laundering and terrorist activity financing offences. The PCMLTFA requires reporting, record keeping, client identification and compliance regime requirements for user accounts.

“Personal Information” means Personal Information as defined under section 1(n) of the FOIP Act of Alberta.

"rbarrel.com" means RainBarrel Inc.’s www.rbarrel.com website and Mobile Applications through which select Products are made available by RainBarrel Inc. to eligible Registered Users.

"Privacy Policy" means privacy policy posted on www.rbarrel.com except that, for any rbarrel.com mobile application, it means the privacy notice or policy posted with such mobile application.

"Prohibited Activities" means actual or attempted cheating, individual identification, non-advertising use, collusion, fraud, illegal activity or any other activity deemed inappropriate by RainBarrel Inc. including:

• audience manipulation, such as thin slicing or otherwise combining audiences to avoid minimum audience sizes or other privacy controls;
• using any automated device or software that downloads data for you or takes your place as a live user; or
• exploiting errors in the software used in connection with the operation of rbarrel.com.

"Conditions" means conditions established by RainBarrel Inc. that apply to products offered on rbarrel.com.

"Registered User" means an individual who has been issued an Account that has not been closed.

"Registration" means the process whereby you provide information to RainBarrel Inc. and satisfy RainBarrel Inc.'s requirements, and if approved by RainBarrel Inc., become a Registered User.

"Rules" means all rules which apply to any product or service offered by RainBarrel Inc., howsoever described, including rules and regulations, and conditions established by RainBarrel Inc., including those that posted at https://www.rbarrel.com/ and other rules specific to certain types of Products or individual Products that may be otherwise posted on rbarrel.com.

"Terms of Use" means the terms of use posted on www.rbarrel.com except that, for any rbarrel.com mobile application, it means the terms of use posted with such mobile application.