Privacy Policy

OUR ROLE: PROCESSING ON BEHALF OF MERCHANTS

Baikely is sold to businesses, typically bakeries and food service merchants (each a "Merchant"). Most of the personal information Baikely handles does not come from members of the public directly. It reaches us because a Merchant connects their point of sale system to Baikely and instructs us to process their data on their behalf.

In respect of that data, Baikely acts as a service provider and processor, and the Merchant is the controller. The Merchant determines what personal information is transferred to Baikely and the purposes for which it is processed. Baikely does not independently determine those purposes. Where this Policy conflicts with the written agreement between Baikely and a Merchant, that agreement governs.

This Policy does not replace the Merchant's own privacy policy, which the Merchant remains responsible for providing to its customers and personnel. Individuals who wish to exercise rights in relation to data held by a Merchant should contact that Merchant directly. Where the point of sale platform itself is a controller, its own privacy notice also applies; for Clover, see https://www.clover.com/privacy-policy.

INFORMATION RECEIVED THROUGH POINT OF SALE INTEGRATIONS

When a Merchant connects a point of sale system such as Clover, Lightspeed, or ClusterPOS, Baikely may receive the following categories of information. The Merchant determines the precise scope.

Transaction data: the merchant location, the date and time of a transaction, the amount, and the goods or services purchased. Baikely does not receive, request, or store full payment card numbers, CVV codes, or magstripe data.

Customer information contained in orders: where the Merchant's point of sale records it, this may include a customer name, email address, or phone number attached to an order or receipt, and delivery information.

Merchant personnel information: where the Merchant's point of sale records it, this may include the identity of the employee who rang in a sale.

Catalogue and inventory data: menu items, categories, prices, stock levels, and out-of-stock or surplus records. This is business data and generally contains no personal information.

Baikely uses this information for one purpose: to produce demand forecasts and production plans for that Merchant, and to provide the reporting and support that go with them.

HOW OUR FORECASTS WORK

Baikely's forecasts are produced by Prophet, an open-source statistical time-series library, running on infrastructure controlled by Baikely. Baikely does not use large language models, and no information belonging to a Merchant or its customers is sent to any third-party artificial intelligence provider.

Each Merchant's forecast is calculated only from that Merchant's own historical sales, combined with public information such as weather. A Merchant's data is never used to generate forecasts or insights for any other Merchant, and is never used to train any model that serves anyone else. Requests to our weather provider contain only a geographic location and never include Merchant or customer data.

SCOPE OF THE POLICY

When the User navigates on one of our mobile applications and uses our online services by visiting our website (the mobile application and the website of Baikely hereinafter the "Platform") or by subscribing to our email publications, they accept the terms and conditions of this Policy. If the User continues to use the Platform after a new version of this Policy has been posted, they thereby consent to the changes and will be bound by them. The information we collect is necessary when we provide a service to the User or when we perform a transaction they have requested. By providing us with their personal information, the User consents to its collection and use as defined in this Policy.

Please be aware that you can withdraw your consent at any time, subject to legal and contractual restrictions and upon reasonable notice. However, without your consent, it is possible that Baikely may no longer be able to provide you with the Platform.

Finally, if you provide Baikely or its third-party Service Providers with personal information concerning another natural or legal person, you commit to having the necessary authorization to do so and/or that you have obtained all necessary consents from this third party to allow us to collect, use, and communicate their personal information for the purposes set out in this Policy.

To withdraw your consent or to no longer receive electronic communication from us, please write to our Privacy Officer at the following email address: golivier@olicai.com

COLLECTION OF PERSONAL INFORMATION

Personal information is information specifically associated with a natural person and which can be used to identify them, either directly or indirectly, that is, by arranging it with other information held by Baikely or its third-party providers. Baikely may obtain personal information from the User when they save their personal information on the Platform, or where applicable, by otherwise transmitting personal information, notably by creating a User account and choosing a password, logging in as a registered User on the Platform, requesting a service, providing information in their account, or by contacting us by phone, email, or otherwise.

It is important that the personal information we hold about you is accurate and up-to-date. Please keep us informed of any changes to your personal data. The law gives you the right to request access to the personal data we hold about you and to have it corrected.

We collect the following information from the User who expressly consents to it during registration:

• • User's first and last names
• • Phone number
• • Professional address
• • Email address
• • Sales data

The Platform is intended for use by adults only as understood in the province of Quebec. Baikely does not knowingly collect personal information from individuals under eighteen (18) years of age.

The legal basis for Baikely processing the User's data may be one or more of the following:

• • The User's consent
• • When necessary for Baikely to fulfill its legal obligations
• • When necessary for the execution of a contract between the User and Baikely, or before concluding it at the User's request
• • When necessary to protect the vital interests of the User or of a third party
• • When based on a legitimate interest such as: Ensuring the security of the Platform, its network, and data; Preventing fraud; For internal administrative management purposes

For more information on the protection of your personal information and your related rights, you can contact the Office of the Privacy Commissioner of Canada or the Commission for the Protection of Privacy in Quebec.

• • Office of the Privacy Commissioner of Canada (www.privcom.gc.ca)
• • Commission d'accès à l'information du Québec (www.cai.gouv.qc.ca)

PURPOSES OF COLLECTION

We collect personal information from the User for the following reasons:

• • Creation, use, and management of User accounts on our Platform
• • Establishing and maintaining a commercial relationship with the User
• • Providing uninterrupted service
• • Understanding the use of the Platform
• • Securing the Platform
• • Analyzing and improving user experience
• • Communicating with the User
• • Developing, improving, marketing, or providing the Platform as well as our products and services
• • Maintaining backups of our databases and keeping records
• • Complying with applicable laws and regulations

METHODS OF COLLECTING PERSONAL INFORMATION

Personal information of the User can be collected:

Directly from the User through forms and communications, such as:

• • Service agreement signature
• • Registration form on the Platform
• • Opinion survey
• • Contact form
• • Direct conversation
• • Phone
• • Email communications

Through connection cookies and other similar technologies when the User visits the Platform.

Baikely also uses, as indicated in the "Automatically Exchanged Data" section, cookies. Baikely may also keep a record of products that interest the User and obtain information about them from current or future divisions or companies that are part of Baikely.

To learn about the use of the User's personal information collected by cookies, refer to the "Automatically Exchanged Data" section below.

If the User is not subscribed to our newsletter, they will not receive any emails from Baikely except in specific cases (e.g., subscription follow-up or expiration, free trial follow-up, promotional communication, etc.).

The User's information is also collected through the interaction that can be established between the User and the Platform.

ADVERTISING INFORMATION

Baikely will communicate with you only if you wish. If you prefer not to receive advertising information from us or if you do not want us to use your personal information to enhance your User experience, please inform us by contacting our Privacy Officer. Remember to provide your full name and the email address you used when you registered or made a purchase from us. There may be a processing delay for a request sent by email or mail, and you may continue to receive communications from Baikely in the meantime.

THIRD-PARTY SERVICES

Baikely may use third-party services in the management of its business and Platform. Baikely is not responsible for any damage that may arise from these third-party services. To learn about the terms of use of these services, we invite the User to consult their respective websites. Any third party who receives or has access to information is required to protect this information and use it only to perform the services they provide to the User or to Baikely, unless otherwise indicated or authorized by law. We will ensure that these third parties are aware of our obligations under this Policy. We enter into contracts with these third parties in which the information protection obligations disclosed to them are as protective as our commitment to you under this Policy or under applicable data protection laws.

HOW WE SHARE INFORMATION

Baikely does not sell personal information. We share it only in the following circumstances:

With the Merchant on whose behalf the information was collected.

With the point of sale platform the Merchant has connected, to the extent required to operate the integration the Merchant has authorized.

With third parties at the Merchant's direction.

With service providers who help us host, operate, secure, and support the Service, under written agreements requiring them to protect the information and to use it only to provide services to us.

Where required to comply with applicable law, a lawful request, a subpoena, or a court order; to enforce our terms; to protect the rights, privacy, safety, or property of Baikely or others; or to investigate and deter fraudulent, harmful, or illegal activity.

If Baikely sells or transfers all or part of its business or assets, whether through a merger, acquisition, reorganization, sale of assets, or insolvency, personal information may be transferred as part of that transaction. We will make reasonable efforts to require the recipient to honour this Policy.

AUTOMATICALLY EXCHANGED DATA

We collect certain information during the exchange between the User's device and our server. Cookies, files created by a website and automatically stored on the User's electronic devices to collect information about their browsing activities, allow the User, among other things, to log in to the Platform on subsequent uses, enabling Baikely to personalize the Platform. This mainly includes the following information:

• • Analytics and performance - User behavior
• • User's language
• • Advertising/redirection

Most of the automatically transmitted information does not allow us to know the identity of the User. They are collected only due to technological requirements inherent in Internet browsing. Most browsers automatically accept cookies, but it is generally possible to modify this behavior.

The use of such information allows us to improve the service, personalize the User's experience, and better follow up on a request or order.

These informations also serve to:

• • Identify the User
• • Process User requests and orders and respond to their questions
• • Stay in contact with the User and provide them with personalized Service at all times
• • Learn more about User preferences
• • Conduct market and performance studies to evaluate the service to Users, measure performance, improve the experience provided to Users, and improve products
• • Enhance the User experience through analysis of their behavior

CONSERVATION

User's personal information will not be retained beyond the reasons for which it was collected. Baikely adheres to the retention period established by this policy, which is compliant with the Personal Information Protection Act. Data deletion occurs when the User deletes their account. The User will then have thirty (30) days to retrieve their data, failing which Baikely will permanently delete it.

COMMUNICATIONS

Baikely's application and database infrastructure is hosted with reputable cloud providers, and some of that infrastructure is located in the United States. Before transferring personal information outside Québec, Baikely assesses whether the information would receive adequate protection, having regard in particular to the applicable legal framework and the contractual safeguards in place, as required by the Act respecting the protection of personal information in the private sector. Baikely enters into written agreements with its hosting and service providers that require them to protect the information and to process it only on Baikely's instructions. Where personal information is transferred out of Europe or the United Kingdom, Baikely relies on European Commission approved Standard Contractual Clauses or another lawful transfer mechanism. You may contact our Privacy Officer for further information about these safeguards.

RIGHT OF ACCESS, OPPOSITION, AND WITHDRAWAL

We are committed to offering the User a right of access, opposition, and withdrawal regarding their personal information. Baikely, upon request and subject to certain exceptions, will inform you of the personal information concerning you, how it is used, and whether it has been disclosed to third parties. You will also have access to this information for any modification or deletion.

The right of opposition is understood as the possibility offered to Users to refuse that their personal information be used for certain purposes mentioned at the time of collection.

The right of withdrawal is understood as the possibility offered to Users to request that their personal information no longer appear, for example, in a mailing list.

The User also has the right to request access to the personal information we have collected about them and to correct it if necessary by contacting the contact person whose details are found in the "Contact Person" section below.

PROCEDURE FOR REQUESTS

To exercise your rights, you must write to the Privacy Officer of Baikely at the following address: golivier@olicai.com

Baikely will acknowledge receipt of your request in writing and may ask you to confirm your identity before providing you with this information. In principle, access to this information will be provided free of charge, but if you request a copy or transmission of your information, we may require reasonable fees. Baikely will inform you of the amount in advance and give you the opportunity to withdraw your request.

If your request is complete and you justify your right of access, Baikely will grant access to your information within thirty (30) days following the receipt of your request or will provide you with a written notice informing you that an additional period is necessary to respond to your request.

PROTECTION AGAINST FRAUD AND THEFT OF YOUR PERSONAL INFORMATION

Baikely commits at all times to respect the laws and regulations applicable to its activity and to take all necessary and appropriate measures to detect and prevent negligence, fraud, and theft of your personal information. However, although Baikely takes precautions, it cannot guarantee that no case of fraud or theft of your personal information will occur. Baikely keeps an up-to-date register of confidentiality incidents and will contact any User whose personal information has been the subject of such an incident and presents a serious risk of harm.

ANTI-SPAM LAWS

Baikely complies with the requirements of the Canadian Anti-Spam Law (CASL). The User understands that they can expressly or tacitly consent to receive messages from Baikely.

Express consent is the consent requested from the User, consent that must be stated in simple and clear terms and must include the purposes for which consent is sought, the regulatory information allowing the person seeking consent to be identified, and if it is sought on behalf of another person, the regulatory information allowing that person to be identified; as well as any other information specified by the regulations made under this law.

The User understands that they give their tacit consent in ongoing business relationships or ongoing private relationships; when the User publishes their email address without indicating they do not wish to receive unsolicited commercial electronic messages; or when the message is sent under other circumstances provided by the regulations made under this law.

For the purposes of this Policy, ongoing business relationships refer to commercial relationships established between two persons, such as a purchase or a lease in the two years preceding the date of sending the message; an investment or a game offered; the barter of an item; any contract in force or expired during this period; or a request during the six months preceding the date of sending the message.

For the purposes of this Policy, an ongoing private relationship refers to relationships between two persons other than business relationships, such as a donation or a gift, work performed on a volunteer basis; and a membership as defined in regulations; all within the two years preceding the date of sending the message.

To unsubscribe from our mailing list for electronic communications, simply contact us at golivier@olicai.com

SECURITY

The personal information that Baikely collects is kept in a secure environment. Baikely has adopted appropriate measures to preserve the confidentiality of personal information and protect it against loss or theft, as well as unauthorized access, disclosure, duplication, use, or modification, taking into account, among other things, its sensitivity and the purposes for which it is used. Moreover, Baikely requires that each employee, agent, or representative of Baikely comply with this Policy.

To ensure the security of the User's personal information, Baikely employs, among others, the following measures:

• • SSL (Secure Sockets Layer) Protocol
• • Protected access to servers and computers
• • Firewall
• • Use of password-protected data networks
• • Confidentiality agreements with employees
• • Canadian server
• • Encryption of data at rest

Baikely is thus committed to maintaining a high degree of security by integrating the latest technological innovations to ensure the confidentiality of the User's transactions, to protect their personal data, and to prevent it from being accessed, used, or disclosed without authorization.

However, as no mechanism offers maximum security, a risk is always present when using the Internet to transmit personal information. If a password is used to protect the User's account and personal information, it is the User's responsibility to keep it confidential.

FRENCH AND ENGLISH LANGUAGE

If the Policy is available in more than one language and a problem of definition or interpretation arises between the French version and any other version of the Policy, the French version shall prevail.

APPLICABLE LAW AND COMPETENT COURTS

The Platform and its content are managed by Baikely from its offices located in the province of Quebec, Canada. The Platform and its content, these Terms of Use, and your use of it are all governed by the laws of Quebec and Canada applicable without giving effect to any principle of conflict of laws.

You agree that all matters and disputes regarding the Platform and your use of it shall first be brought before a mediator and, in the absence of compromise, decided by the competent courts of the Province of Québec, sitting in the judicial district of Montréal.

Notwithstanding any jurisdiction and applicable law, when the User is a consumer within the meaning of the Consumer Protection Act of Quebec, then any dispute relating to this Policy will be governed by the law of the Province of Quebec and necessarily brought before a competent jurisdiction in accordance with the rules of the Civil Procedure Code.

INTERPRETATION

This Policy is governed by the applicable Quebec and Canadian laws, including the Personal Information Protection Act of Canada. These laws apply without giving effect to any principle of conflict of laws. Whenever the context requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.

SEVERABILITY

Each provision of this Policy forms a whole separate from the rest so that any decision by a court that one of the provisions of this Policy is null or unenforceable does not affect the validity of the other provisions of this Policy or their enforceability.

YOUR CALIFORNIA PRIVACY RIGHTS

Where the California Consumer Privacy Act applies, Baikely acts as a service provider to the Merchant. Baikely does not sell or share personal information as those terms are defined under the CCPA, and has not done so in the preceding twelve months. Baikely does not use, retain, or disclose personal information for any purpose other than performing the services set out in its agreement with the Merchant.

Subject to verification and to the exceptions permitted by law, California residents may request information about the personal information collected about them in the past twelve months, request a copy of it, request its deletion, and exercise these rights without suffering discriminatory treatment.

Because Baikely holds this information on behalf of a Merchant, requests should be directed to the Merchant that collected it. If you contact Baikely directly, we will redirect you to the relevant Merchant and assist them in responding. You may also contact our Privacy Officer at golivier@olicai.com. We may require enough information to verify your identity before responding, and an authorized agent acting for you may be asked to produce written authorization.

ADDITIONAL INFORMATION FOR MERCHANTS AND INDIVIDUALS IN EUROPE

Where the GDPR or UK GDPR applies, Baikely is a processor acting on behalf of the Merchant that installed the application, and that Merchant is the controller. The Merchant is responsible for establishing a legal basis for the processing Baikely carries out on its behalf.

Where personal information is transferred outside Europe or the United Kingdom to a country that has not been found to provide an adequate level of protection, Baikely relies on European Commission approved Standard Contractual Clauses or another lawful transfer mechanism. Contact our Privacy Officer for details.

Subject to our agreement with the Merchant, Baikely retains personal information for as long as necessary to provide the Service, comply with legal obligations, resolve disputes, and enforce our agreements.

Data subjects in Europe and the United Kingdom may have the right to request access to their personal data, correction of inaccurate or incomplete data, erasure, restriction of processing, portability, and to object to processing or withdraw consent. Withdrawing consent does not affect the lawfulness of processing carried out beforehand. These requests should be directed to the controller, normally the Merchant. Individuals also have the right to lodge a complaint with a supervisory authority; a list is available at https://edpb.europa.eu/about-edpb/board/members_en.

PERSON RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION

You can exercise the rights provided by this Policy or address any other question or complaint regarding Baikely's practices in terms of personal information protection by contacting us at the following address:

By email: golivier@olicai.com

We have established procedures to receive and respond to complaints or inquiries about our handling of personal data, our compliance with this policy, and applicable privacy protection laws. To discuss our compliance with this policy, please contact our privacy officer using the contact details mentioned above.

MODIFICATION OF THIS POLICY

We occasionally update this Policy. Continued use of the Platform constitutes the User's agreement to this Privacy Policy and its updates. If we make significant changes to how we handle our users' personal data, we will notify you by email at the address provided in your account or by a notice on the homepage of the Platform.

However, when the Consumer Protection Act applies, Baikely will notify Platform Users thirty (30) days before the modifications to this Policy take effect. If the User disagrees with these modifications and wishes to terminate the contract, they will have no more than thirty (30) days after the modifications come into effect to send a notice to Baikely and resolve, without any fees or penalties, their obligations towards Baikely.