Effective Date: 12/10/2023

Our Privacy Policy for the country in which the “Smiles” is performed, govern your access to and use of the Platform. The Agreement also includes all other supplemental policies and terms referenced and/or linked to within these Terms or which are otherwise made available to you.

1. Thesmiles

1.1. Online Marketplace

“Thesmiles” is an online web- and app-based two-sided marketplace which enables connections between Users and Smilers. “Users” are individuals and/or businesses seeking to obtain short-term services and “Smilers” are businesses seeking to perform Smiles for Users. Users and Smilers are referred to herein together as “Users”.

 

Smilers are independent business owners, providing services under their own name or business name (and not under Thesmiles’s name), using their own tools and supplies. Smilers choose the applicable rates for Smiles, without deduction by Thesmiles. Smilers may (a) maintain a clientele without any restrictions from Thesmiles; (b) offer and provide their services elsewhere, including through competing platforms; and (c) Smilers are independent contractors of Users, and Users are therefore clients of Smilers, not Thesmiles.

 

Any reference to a Smiler being licensed or credentialed in some manner, or being "badged”, “reliable”, “reliability rate”, “elite”, “great value”, "background checked", “vetted” (or similar language) indicates only that the Smiler has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Users to evaluate when they make their own decisions about the identity and suitability of Smilers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by Thesmiles of a Smiler’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.

Notwithstanding any feature or service of the Platform that a User may use to expedite Smiler selection, the user is responsible for determining the Smile and selecting or otherwise approving their Smiler and should undertake their own research prior to booking any Smile to be satisfied that a specific Smiler has the right qualifications.

1.2. Thesmiles’s Role

Thesmile is not an employment agency service, and Thesmiles is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Thesmiles.

Users hereby acknowledge and agree that (a) Thesmiles does not (i) perform Smiles nor employ individuals to perform Smiles, (ii) supervise, scope, direct, control or monitor Smilers’ work (including that Thesmiles does not set Smilers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Smilers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Smiles or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Thesmiles, nor any employment or other relationship between Thesmiles and the Users or between the Users and the Smiler. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Thesmiles (including that Smilers may not modify all or any part of the Thesmiles fees.

Thesmiles is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Smiler assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security or National Insurance Contribution withholdings as to the Smiler and all persons engaged by the Smiler in the performance of the Smile Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

1.3. User Representations and Warranties

In your access to and use of the Platform, you represent and warrant that you:

Will comply fully with the terms of the Agreement, including, without limitation, these Terms and the Acceptable Use Policy and other Supplemental Terms.

Are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts.

Will only request and/or perform (as applicable) Smiles in a country where Thesmiles has a presence.

Will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Smile or any interaction by or with any User and/or Thesmiles without obtaining the prior written consent of Thesmiles and/or the relevant User, as applicable.

Will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with other Users).

Will only utilize the third-party PSP (as defined in the Fees, Payments and Cancellation) to make or receive payment for Smiles.

Will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile.

Will comply with all applicable local, state, provincial, national, or international laws in your use of Thesmiles; and

Will ensure that all communications regarding Smiles (including, without limitation, scoping and payments and any questions relevant to Smiles), remain on Thesmiles, before, during and after the Smile.

1.4. Additional Smiler Representations and Warranties

If you are a Smiler, you additionally represent and warrant that, in your access to and use of Thesmiles, you:

Are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using Thesmiles.

Are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform, and maintain an independent clientele.

Have the unrestricted right to work in the jurisdiction in which you perform Smiles.

Have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Smiles (including, as applicable, a business license, business tax registration, and/or contractor’s license).

Have and will maintain all insurance required to operate your business and perform the Smiles.

Will not discriminate against Users or any other person on the basis of race, religion, creed, color, sexual orientation, gender identity, gender expression, marital status, gender, pregnancy, age, national origin, ancestry, citizenship status, veteran status, military service, disability, genetic information or any other characteristic protected by applicable laws.

Will not publish, transmit, distribute or show any content on Thesmiles that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

Will maintain accurate account information.

Will not solicit Users to hire or pay outside the Platform.

Will not engage in false advertising, make misleading statements or misrepresentations.

Will ensure that your communications with other Users remain on Thesmiles, before, during and after the Smile.

Will promptly inform Thesmiles if you believe that any User you have interacted with, or contracted with, has (or has had) a criminal or violent background.

2. Privacy Policy

Your privacy is important to Thesmiles. We are committed to maintaining the privacy and security of your personal information. This Privacy Policy explains how we collect, use, and disclose personal information when you use the Platform.

2.1. Information We Collect

When you use the Platform, we collect information about you as follows:

Information You Provide: We collect information that you provide when you register for an account, create a profile, book or provide a Smile, or communicate with us or other Users through the Platform. This may include your name, email address, phone number, payment information, profile photo, and any other information you choose to provide.

Information We Collect Automatically: We automatically collect certain information about your use of the Platform, such as your IP address, device type, browser type, operating system, pages visited, and the dates and times of your visits.

2.2. How We Use Your Information

We may use the information we collect about you for various purposes, including to:

Provide, maintain, and improve the Platform;

Facilitate and process bookings and payments;

Communicate with you about your account and bookings;

Respond to your inquiries and provide customer support;

Detect, investigate, and prevent fraud and abuse; and

Comply with legal obligations.

2.3. How We Share Your Information

We may share your information with third parties as follows:

With Smilers to facilitate the provision of Smiles;

With third-party service providers who help us operate the Platform;

With law enforcement or other third parties when required by law or to protect our rights;

In connection with a merger, acquisition, or sale of assets; and

With your consent or at your direction.

2.4. Your Choices

You may have certain rights and choices regarding the personal information we collect about you. For example, you can access and update your account information and preferences at any time by logging into your account. You may also have the right to opt-out of certain uses and disclosures of your information.

2.5. Data Security

We take reasonable measures to protect the security of your personal information and to safeguard it from unauthorized access, use, and disclosure.

2.6. International Data Transfers

Your information may be transferred to and processed in countries other than the country where you reside. These countries may have data protection laws that are different from those in your country.

2.7. Children’s Privacy

The Platform is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.

2.8. Updates to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or applicable law. We will notify you of any material changes by posting the updated Privacy Policy on the Platform.

3. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to the Agreement, including the existence, validity, interpretation, performance, breach, termination, or enforceability thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties are unable to resolve the dispute, claim, question, or disagreement to their mutual satisfaction within thirty (30) days, then either party may submit the matter to mediation administered by a neutral mediator. Any settlement reached by the parties shall be final and binding upon them.

4. Fees, Billing, Invoicing, Payments, and Cancellation

4.1. Fees

Users may be required to pay fees for certain Smiles booked through the Platform. The applicable fees will be displayed to Users prior to booking a Smile. Thesmiles reserves the right to change its fee structure at any time, subject to reasonable notice to Users.

4.2. Billing and Invoicing

Thesmiles will facilitate payment processing for Smiles booked through the Platform using a third-party payment service provider (“PSP”). Users agree to provide Thesmiles with accurate and complete billing information, including a valid credit card or other payment method accepted by Thesmiles. By providing Thesmiles with payment information, Users authorize Thesmiles to charge the applicable fees using the selected payment method.

4.3. Payments

Payments for Smiles are processed through the PSP and are subject to the PSP’s terms and conditions. Thesmiles is not responsible for any errors or disputes related to payments processed by the PSP.

4.4. Cancellation

Users may cancel a booked Smile subject to the cancellation policy specified at the time of booking. Cancellation policies may vary depending on the Smiler and the type of Smile booked. Users may be charged a cancellation fee in accordance with the applicable cancellation policy.

5. Termination, Deactivation, and Suspension

We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate your access to our Platform, or (b) deactivate or suspend your account and your access to our Platform. Upon termination, deactivation, or suspension, you will lose access to your account and all related information and content. If you wish to terminate your account, you may do so by following the instructions on the Platform. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Copyright Complaints and Copyright Agent

Thesmiles respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact Thesmiles’s Copyright Agent at the following address:

THESMILES

1 Concorde Gate

North York, ON M3C 3N6

Canada

551-231-0807

thesmiles@thesmiles.io

Please include the following information in your notification:

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Platform;

Your contact information, including your name, address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6. Contact Us

If you have any questions or concerns about our Privacy Policy or our privacy practices, you may contact us at thesmiles@thesmiles.io