Mile-Ex Capital

Terms and Conditions of Mile-Ex Capital’s Fund

The following terms and conditions (the « Terms and Conditions« ) govern the use of all Mile-Ex Capital (the « Company« ) websites and all online operations conducted on any of them (the « Services« ).

Browsing any of its websites implies that the user agrees to abide by the Terms and Conditions and agrees to the contents of the Personal Information Policy and any changes that may be made to it from time to time. Refusal to consent to either of them implies that the user will refrain from using the Company’s websites.

The Company reserves the right to change the Terms and Conditions and the content of the Privacy Policy at any time and any time without notice by posting them directly on this website or by notifying such users.

I. Protection of Personal Information

The Company is committed to the protection of personal information collected by it or communicated to it from time to time by any person with whom it engages. Given the confidential nature of such information, the Company is committed to implementing all necessary security measures to ensure its protection in accordance with applicable legislation. Please refer to our Personal Information Policy below.

II. Proprietary Rights

Unless otherwise specified, the content of all Company websites, including all text, data, graphics, photographs and images, software and all trademarks, service marks and trade names used, as well as the selection and arrangement thereof (the « Content« ), are subject to intellectual property rights, including but not limited to copyrights, trademarks and patents owned by or licensed to Company.

Except as expressly provided herein, no license to use or reproduce the Content is granted to users of the Company’s websites and all intellectual property rights in the Content are expressly reserved.

The Company’s names and logos used on these websites may be trademarks (including registered trademarks) of the Company. These may not be copied, imitated, or used, in whole or in part, except as permitted. Mention of other products and company names on the Company’s websites may also constitute trademarks owned by parties other than the Company.

Any other use of information posted on the Company’s websites is strictly prohibited. For example, you may not print or copy the HTML code or copy any other computer program available for viewing on the Company’s websites.

No right, title or interest in any information or software is transferred to users as a result of any downloading or copying. Except as expressly provided, you may not reproduce, publish, transmit, distribute, perform, display, modify or create derivative works of, or participate in the sale of, all or any part of the Content and/or the Company’s websites, or exploit in any way all or any part of the Content and/or the Company’s websites.

 III. Content

The content of this website is presented for informational purposes only. This presentation of content should not be interpreted, considered or used as constituting financial, legal, tax or other advice.

In this regard, the Company shall not be liable for any damages suffered by anyone in this regard.

IV. Reliability of Content

The Company is committed to ensuring that the Content on its websites is as reliable as possible. Nevertheless, it may contain inaccuracies and typographical errors.

The Company makes no representations or warranties and assumes no responsibility for the availability, accuracy, completeness, adequacy, reliability of the Content, Services, information reproduced on its websites or information received by it or users of its websites when transacting online. The Company has the sole discretion to correct any errors or omissions on its websites.

THE CONTENT, SERVICES AND INFORMATION REPRODUCED ON THE WEBSITE ARE PROVIDED ON AN « AS IS » BASIS AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED OR ARISING BY LAW OR USAGE, OF COURSE, OF DEALING IS EXCLUDED TO THE EXTENT PERMITTED BY LAW.

V. Links to Other Sites and Third-Party Content

This website may, from time to time, contain materials, data or information provided, posted, or offered by third parties. The Company does not assume responsibility for such materials, data or information.

Furthermore, the Company assumes no responsibility for the content or information found on websites that are hyperlinked to its users. These other websites are subject to their own terms and policies and the user assumes the risks associated with browsing them.

The Company shall not be liable for any damages suffered by any person in connection therewith.

VI. Jurisdiction

The Terms and Conditions are governed by and subject to interpretation under applicable provincial and federal law. Any dispute, controversy and/or claim relating to the Company’s websites and Services shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Quebec.

VII. Online Transactions (the Services)

a) Guidelines

Users accessing the Services to conduct an online operation may be subject to specific guidelines that will be communicated to them from time to time.

The Company reserves the right to modify them at any time without notice. It is therefore recommended that you consult them regularly.

b) Electronic signature

To the extent applicable, each operation carried out online by means of a password and a personal shareholder number or other unique identifier constitutes the user’s signature and has the same legal value and produces the same legal effects as if such operation had been carried out on paper and signed in person.

c) Declaration and undertakings of the user

The user of the Services undertakes to act diligently and with discernment, while respecting the Terms and Conditions and the applicable legislation.

d) Protecting the confidentiality of your password

To securely access some of the Services, the user must choose a password. The confidentiality of your password is essential to maintaining the privacy and security of your online operations. 

  1. Prohibited Access and Fraudulent Use

User agrees not to enter or attempt to enter restricted areas of Mile-Ex Capital Fund’s computer system, or to use or attempt to use any functions without proper authorization.

The user also agrees not to do any of the following:

  1. use the Company’s websites in any manner that could damage, disable, overburden or impair them;
  2. interfere with the security of, or otherwise abuse, the Company’s websites or any of its Services, systems, servers or networks or interfere with the security of any affiliated or linked websites;
  3. disrupt or interfere with any other person’s use or enjoyment of these websites or affiliated or linked websites;
  4. upload, post or otherwise transmit on these websites any virus or other harmful, disruptive or destructive computer file or program;
  5. use any robot, spider or other automatic device or manual process to monitor or copy the web pages or content of these websites, except as permitted by the robots.txt file and only for the purpose of indexing the websites in search engines;
  6. transmit through the Site spam, chain letters or any other type of unsolicited mass emails;
  7. attempt to gain unauthorized access to such websites or portions thereof to which access is restricted.

User agrees that he or she is solely responsible for all actions and communications undertaken or transmitted on his or her own behalf and agrees to comply with all applicable laws in connection with the use of the Company’s websites. The Company shall not be liable for any damages suffered by any person in connection therewith.

VIII. Modifications

The Company reserves the right to modify or discontinue temporarily or permanently, in whole or in part, the Services at any time without notice.

The Company shall not be liable for any damages that may result from any temporary or permanent modification or discontinuance of the Services.

IX. Entirety

The Terms constitute the entire agreement between the user of the websites and the Company with respect to the use of the Services and the Content and supersede any prior agreement in this regard.

X. Termination 

The Company reserves the right to terminate, in whole or in part, access rights to the Services if it has good reason to believe that the user is not in compliance with the Terms and Conditions.

Any termination of access to the Services pursuant to this agreement shall be affected without prior notice.

The Company shall not be liable for any damages that may result from the withdrawal of access to the Services.

XI. Limitation of Liability

To the extent permitted by law and without limiting the specific limitations of liability set forth above, the Company shall not be liable for any damages whatsoever arising out of or in connection with these websites, the Content, and the Services.

This includes, but is not limited to, their access, use or inability to use them, their modification, temporary or permanent interruption, breach of the Terms and Conditions, inaccuracy of the Content or loss of data or information, even if the Company has been previously advised of the possible occurrence of damage.

Last modification : May 2023

Personal Information Protection Policy (PIPP)

The information we collect and how we use itWe collect your name, address, e-mail address. The Company may also collect information when you visit our websites including the identifier of the computer equipment you are using (IP address).
Your ConsentThe Company aims to be transparent and to clearly inform you at the time of the collection of the uses that will be made of your personal information so that your consent is evident. You may withdraw your consent to the use of your personal information for purposes that are not essential to the management and administration of your products and services.
SecurityAlthough the Company has security measures in place to protect your personal information and reduce the risk of a breach, there is always a risk. There is no guarantee that your personal information will not be subject to a breach of confidentiality or integrity if our security measures are breached. If you have reason to believe that personal information has been compromised, please contact the Privacy Office.
Your RightsYou may review the personal information that the Company has collected about you, verify its accuracy and amend it if necessary, by directing your request to the Privacy Officer, whose contact information is set out below.
Contact Information for the Privacy OfficerThe Privacy Officer is responsible for ensuring the protection of personal information within the Company. Her contact information is as follows. 7236 Waverly Street, Montreal, QC H2R 0C2abjohnsson@fabrik8.ca

I. Why this Notice?

This privacy notice (the Notice) describes the privacy policies and practices of the Company.

II. What Personal Information Do We Collect?

The Company only collects personal information that is necessary for the purposes of its business, including information relating to your identity, such as your name, address, information required in the event of an investment by an individual, and information relating to the use of our website.

III. Why do we collect your personal information?

The Company collects and discloses your personal information for the purposes to which you have consented or as permitted by law. The purposes for which the Company collects your personal information are identified at the time of collection. You may request this information at any time.

Examples of the purposes for which the Company collects your personal information includes the following:

  1. To validate your eligibility for our services and commercial offerings
  2. To manage your service;
  3. To confirm your identity, verify the accuracy of your personal information and update it
  4. To meet our regulatory and legal obligations
  5. Communicate with you by phone, mail or email
  6. To manage our websites and online services, track usage trends and statistics, assess performance and improve our services.
  7. To customize and tailor the browsing experience to your needs

IV. How is your personal information collected?

a) Directly from the user

Most of the Personal Information we collect is information that you provide to us directly, including when you do the following:

  1. Contact us (in person at a point of service, by phone, by email, etc.);
  2. Make specific requests of the Company;
  3. Provide feedback via email.

b) From third parties

The Company may also collect your personal information from third parties with your consent or as permitted by law.

c) Through our website and online services

The Company may also collect information when you visit our websites, including the identifier of the computer equipment you are using (IP address). An Internet Protocol (IP) address is an identifier or e-mail address assigned to devices by the user’s Internet service provider. It indicates where data is coming from and where it is going.

The Company and some of its advertising network partners may also collect other information about the use of its website through the use of cookies. These files make it possible to recognize the user of our site when he or she accesses it and when he or she moves from one page to another. Where required, the Company will seek your consent before collecting this information.

V. Under what circumstances may we collect, use, and disclose your personal information?

The Company collects, uses and discloses your personal information only with your consent in accordance with applicable requirements, or without your consent in certain circumstances as permitted by law, for example, in the context of criminal prosecution.

VI. When and how can you withdraw your consent?

You may withdraw your consent to the use of your personal information by the Company for purposes that are not essential to the management and administration of the Company.

Any request to withdraw consent should be made to the office of the Privacy Officer as indicated in the question above.

VII. To whom is your personal information disclosed?

Your personal information is accessible only to the managers and personal of the Company who require access to it in the course of their duties.

The Company may disclose your personal information to partners or service providers in connection with the performance of their respective contracts, or to public authorities. You may find some examples below:

  1. A person acting for you with your consent;
  2. Our representatives and managers;
  3. A government investigative or law enforcement body, including criminal prosecution authorities;
  4. To the Commission d’accès à l’information (privacy regulator) and all persons authorized to obtain it by law, such as securities regulators, self-regulatory organizations and the Financial Transactions and Reports Analysis Centre of Canada.

VIII. How do we keep your personal information and for how long?

The Company uses systems and technology service providers to ensure the secure storage of your personal information in order to maintain its confidentiality.

Your personal information is generally stored in Quebec. However, it is possible that the communication of personal information to certain technology solution providers may result in the transfer of such information outside of Quebec. In such cases, the Company will first validate the privacy laws and practices applicable in the relevant jurisdiction and ensure that your personal information is adequately protected.

The Company retains your personal information for the period of time necessary to fulfill the purposes for which it was collected and for the applicable legal retention periods, which may sometimes justify longer retention periods. Destruction is done in a secure manner.

IX. How do we ensure the protection and security of your personal information?

The Company applies security safeguards appropriate to the sensitivity of your personal information. These safeguards protect your personal information against loss or theft and against unauthorized use.

Technical measures, such as restricting access to your personal information to only those individuals who need it to perform their duties, setting up alerts in case of suspicious events, and securely encrypting communications.

While the Company employs a variety of security measures to adequately protect your personal information and minimize the risk of a breach, there is always a risk that your personal information will not be subject to a breach of confidentiality or integrity should our security measures be breached.

X. What are your rights with respect to your personal information?

The Company respects your legal rights with respect to your personal information and has procedures in place to deal with the requests highlighted below:

a) Access to and correction of your personal information

You will be able to access the personal information that the Company has collected about you, verify its accuracy and amend it if necessary, subject to exceptions provided by law. There is no charge for access and rectification requests. However, a reasonable fee may be charged for the transcription, reproduction, or transmission of your personal information. Your request for access or rectification shall be forwarded to the office of the Privacy Officer and shall be processed no later than thirty (30) days following the date of receipt of your written request to the Company.

b) Automated Processing

If the Company implements a decision-making process that is based exclusively on automated processing (without human intervention) of Personal Information, for example, a process that has a specific effect on a and that relies solely on an algorithm, you will be informed of the fact that you are the subject of such a process, of the decision that has been made and of your right to make representations with respect to that decision. You will also be informed upon the request of the personal information used to make this decision and the reasons for the decision

c) Transparency

You will be able to obtain, upon request, a copy of the Personal Information that has been collected about you.

X. What if I have a question or complaint about my Personal Information?

Any questions about your personal information or complaints regarding our compliance with the principles set out in this Notice should be directed to the office of the Privacy Officer.

XII. Can this Notice be changed and if so, how do I find out about it?

The Company may periodically change the content of this Notice. If so, a notice will be posted on the Company’s websites.

Last modified: May 2023