Published on June 8, 2021

Welcome to the Privacy Policy of EPOCH Everlasting Play LLC (“EPOCH”).

EPOCH respects your privacy. As EPOCH (hereinafter also referred to as "we", "us" or "our" in this privacy policy) operates this website and provides you with our services, we may collect, use and otherwise process Personal Information about you. We undertake to comply with applicable Canadian personal information protection laws, including the Personal Information Protection and Electronic Documents Act S.C. 2000, c. 5 (“PIPEDA”) and any other privacy

We may revise this privacy policy (hereinafter referred to as: the “Policy”). from time to time.

The information that you provide to EPOCH shall not be used for purposes other than those provided for by this Policy and in accordance with legislation applicable in Canada (“Privacy Laws”).

You can obtain the latest version of this policy at the following link: www.aquabeadsart.com/en-ca/

A written version of this Policy is available upon request, see the Section “Contact Information” below.

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy notice

The Policy aims to give you information on how we collect and process your Personal Information (as defined below) through your use of this website, including any such information you may provide through this website when you sign up to our fan club or newsletter subscription, take part in a competition, when you purchase our products, when you obtain assistance, or when you respond to questions on our website.

If you do not agree with this Policy, you are not authorized to use our website and your sole recourse is to immediately stop using the website, and where applicable, unsubscribe or send us an email using the contact information indicated in the section entitled “Contact Information.” EPOCH undertakes to take the necessary measures to ensure that your Personal Information is deleted from our systems in accordance with the applicable legislation when you exercise your right of withdrawal as defined below.

Please note that we will be unable to provide our services to you if you withdraw or refuse to consent to this Policy for the use of your Personal Information.

Contact Information

We have appointed a person to be responsible for our privacy policies and practices and overseeing concerns in relation to this Policy. If you have any privacy questions or complaints, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details:
Full name of legal entity: EPOCH Everlasting Play LLC
Email address: consumer@epocheverlastingplay.com
Postal address: 330 Changebridge Road Suite 101, Pine Brook NJ 07058

Update of your personal information

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control third-party websites that you may choose to link to from our website and you accept that we are not responsible for their practices relating to the collection, use and disclosure of Personal Information or any other information that you choose to share with them. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. INFORMATION WE COLLECT ABOUT YOU

Categories of personal information we collect

“Personal Information” means any information about an individual from which that person can be identified, including the categories of information set out below. It does not include information where the identity has been removed (anonymous information). We may collect, use, store and transfer different categories of personal information about you when necessary. These categories are:

• Identity Information: first name, last name, username or similar identifier, gender, and date of birth;
• Contact Information: email address and telephone numbers;
• Financial Information: payment information when you make transactions with us;
• Transaction Information: detail and history of your purchase of our products and/or services;
• Interaction Information: detail of your messages and inquiries to us, our responses and other interaction between you and us either on this website, over the telephone, via email, on our social media, or any other media or channels;
• Technical Information: internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website;
• Profile Information: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Information: information about how you use our website, products and services.
• Marketing and Communications Information: your preferences in receiving marketing messages from us or our partners and your communication preferences.

Failure to provide Personal Information

Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have ordered. We will notify you if this is the case at the time.

3. HOW WE USE YOUR PERSONAL INFORMATION

Purposes for which we will use your Personal Information

We have set out below, in a table format, a description of all the ways we plan to use your Personal Information.

Children’s Personal Information

We collect and use Personal Information of children under 13 years of age only where consent thereof is given or authorized by the holder of parental responsibility. We do not condition our service to children on the provision of Personal Information that is not strictly necessary for delivery of our service.

Cookies

Cookie is a small text file that our website sends to your terminal device for the purpose of keeping certain records. By using cookies:

• Your terminal devices (e.g. browsers) remember your preferences (e.g. language used) and activities (e.g. login status, items in cart, etc.) on our website, so that we can deliver a personalized and better user experience on our website (essential cookies);
• We keep track of your interaction with our website, giving us useful and important insight for improving our website (performance cookies); and
• Based on your consent, our advertising partners keep track of your browsing records across the internet, so that we can deliver personalized advertisement that is more likely to be tailored to your interest (advertising cookies).

The cookie identifies your terminal device, typically your web browser. You can choose whether to allow us or third-parties (our advertising or analytics partners) to set cookies. When we use cookies for the purpose of personalizing our advertisement or analyzing web access, we request your prior consent thereto.

For more information and to change your cookie settings, visit our Cookie Setting from link at the bottom of each webpage.

We do not set and use cookies for the purpose of advertisement or web access analytics for our users under 13 years of age. To ensure this policy, we request you to declare you are 13 years of age or older when we obtain your consent to our setting cookies for these purposes.

Change of purpose

We will only use your Personal Information for the purposes for which it was collected it. If, at a later date, the purpose of processing or collecting your Personal Information changes, we shall contact you to inform you of this change and request your consent. Please note

that under certain limited circumstances, we may process your Personal Information without your knowledge or consent, where this is required and permitted by law.

4. DISCLOSURE OF YOUR PERSONAL INFORMATION

We do not, and will not, disclose to, or share any of your Personal Information with, any third parties except for the following categories of companies that are an essential part of being able to provide our services to you, as set out in this Policy (our “Partners”):

• Companies in the EPOCH GROUP, this includes affiliates and subsidiaries, as sometimes different parts of our group are responsible for essential activities that support the provision of our services (e.g. information technology infrastructure, website management, finance, logistics, etc.);
• Our contractors that provide us with services such as logistics, delivery, warehouse, payment service, IT service, etc.;
• Our partners that deliver advertising or web analytics service for us, but only with your prior consent;
• Professional advisers including lawyers, bankers, auditors and insurers; and
• Competent public authorities, e.g. those in charge of tax, custom, regulation, investigation, justice, etc. to which we may be required to provide Personal Information to in certain circumstances according to statutory obligations we are subject to.

We require all our Partners to respect the security of your Personal Information and to treat it in accordance with applicable Privacy Laws. We do not allow our Partners to use your Personal Information for their own purposes and only permit them to process your Personal Information for the specified purposes for which it was collected and in accordance with our instructions. Please note that some of our Partners may be located outside of the province in which you live and you expressly agree to the transfer of your Personal Information outside of your province of residence for processing in accordance with a purpose permitted under this Policy.

5. INTERNATIONAL TRANSFERS

Our disclosure or sharing of your Personal Information may involve transferring your information to our Partners in countries outside of Canada, specifically, Japan where the EPOCH GROUP’s headquarters are located. By using this website, you consent to our transferring your Personal Information to our Partners that are located outside of Canada. We take all reasonable steps to ensure that your Personal Information transferred outside of the province will have a similar protection as that granted in Canada. It is important to note that information transferred to a foreign country will be subject to such foreign country’s laws and disclosure requirements.

6. INFORMATION SECURITY

We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Information to our Partners that need the information for the performance of their duties or the carrying out of their mandates or contracts. They will only process your Personal Information on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We take reasonable steps to protect the security of the information communicated through our website. However, no computer security system is entirely foolproof, and the Internet is not a secure method of transmitting information. As a result, we do not assume any responsibility for the Personal Information you submit to or receive from us through the Internet or for any unauthorized access or use of that information and we cannot and do not guarantee that Personal Information communicated by you to us or sent to you by us will be received or that it will not be altered before or after its transmission to us. You agree to not hold us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns liable for any loss or damage of any sort incurred as a result of any misappropriation, interception, modification, deletion, destruction or use of Personal Information provided through our website.

7. INFORMATION RETENTION

We will only retain your Personal Information for as long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

8. YOUR LEGAL RIGHTS

Under certain circumstances, you have the following legal rights:

• Right to request our confirmation whether we are processing your Personal Information;
• Right to request disclosure of your Personal Information we are processing;
• Right to request rectification of inaccurate, incomplete or outdated Personal Information;
• Right to request erasure of your Personal Information;
• Right to request information about who we disclose your Personal Information to;
• Right to withdraw your previously given consent;
• Right to request that we cease disseminating your Personal Information;

If you wish to exercise any of the rights set out above, please contact us. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.

9. CHANGE IN LEGISLATION

If any provision of this Policy is held to be invalid, illegal or unenforceable, it shall be severed from this Policy and the other provisions of this Policy shall not be affected thereby and shall remain valid, legal and enforceable. If a binding change occurs in the applicable laws that is inconsistent with one or more provisions of this Policy, such change will take precedence, but the other provisions of the Policy will not be affected and will remain valid, legal and applicable.

10. JURISDICTION

This Policy and your use of the website are governed by the laws of the province in which you reside and the laws of Canada applicable therein. If your use of the website should result in a dispute, it shall be resolved according to the foregoing laws, by a court of competent jurisdiction in the judicial district of Montreal, province of Quebec.