Legal Terms & Policies | WeCellPhones

Part I — Terms & Conditions

These Terms & Conditions (“Terms”) govern access to the WeCellPhones website and transactions in which WeCellPhones quotes, evaluates, purchases, processes or otherwise handles eligible electronic devices. By using the Website, requesting or accepting a Quote, signing a Seller Purchase Agreement, using a WeCellPhones mail-in service, or completing a Transaction, the applicable user or Seller agrees to these Terms.

1. Definitions

“Device” means any phone, tablet, computer, wearable, electronic product or other item submitted to WeCellPhones. “Seller” means the individual or entity offering or transferring a Device to WeCellPhones. “Quote” means a preliminary valuation based on information supplied before final inspection. “Final Offer” means the purchase amount confirmed following applicable verification or inspection. “Transaction” means a proposed or completed purchase of a Device by WeCellPhones. “Website” means the WeCellPhones website and related online services.

2. Eligibility and Authority

A Seller must have legal capacity to enter the Transaction and must be the lawful owner of the Device or have full lawful authority to sell it. WeCellPhones may refuse, suspend or cancel a Transaction where identity, authority, ownership, fraud, safety or legal concerns reasonably arise.

3. Seller Representations and Warranties

By submitting or selling a Device, the Seller represents and warrants that all material information supplied is accurate to the best of the Seller’s knowledge and that the Seller has the lawful right and authority to transfer the Device.

• The Device is not stolen, lost, fraudulently obtained, counterfeit or unlawfully possessed.
• There is no undisclosed ownership claim, lease, lien, security interest, financing restriction, carrier restriction, insurance claim or other encumbrance that prevents or materially affects the Seller’s lawful right to sell or transfer the Device.
• The Seller remains solely responsible for outstanding carrier, financing, service, contractual or other obligations associated with the Device.
• The Seller will not make or maintain a post-sale lost/stolen report, insurance claim, protection-plan claim, ownership claim, blacklist request or other action inconsistent with the completed transfer to WeCellPhones.

4. Quotes and Three-Day Price Lock

Unless otherwise expressly stated, WeCellPhones Quotes are subject to a three (3) calendar-day price lock. The price lock protects against ordinary market-price changes during that period; it does not guarantee a price where the Device materially differs from the information used to generate the Quote.

A Quote may be revised or withdrawn for material discrepancies including incorrect model or storage, materially different cosmetic condition, functional defects, damage, account locks, MDM, carrier or blacklist restrictions, authenticity concerns, undisclosed repairs or replacement parts, title concerns, or other materially inaccurate information.

5. CTIA-Based Device Grading and Inspection

WeCellPhones evaluates eligible wireless Devices using condition criteria based on the applicable CTIA Wireless Device Grading Scales Criteria and Definitions together with WeCellPhones’ inspection procedures. Seller-selected condition is a preliminary self-assessment only and does not bind WeCellPhones.

Final grading may consider cosmetic and functional characteristics separately, including display and glass condition, scratches, scuffs, frame and housing condition, dents, cracks, deformation, back glass, cameras and lenses, buttons, ports, liquid exposure or corrosion, battery condition, functionality, repaired or replacement components, genuine-parts declarations where applicable, and other characteristics relevant to value.

Where physical inspection materially differs from the Seller’s description, WeCellPhones may assign the appropriate condition classification and issue a Revised Final Offer. WeCellPhones may document condition using photographs, video, diagnostic results, inspection notes, battery information, IMEI/serial records and other reasonable records.

6. Inspection, Testing and Verification

WeCellPhones may inspect, test and verify any Device before completing a purchase, including model, storage, IMEI or serial number, functionality, battery information, carrier status, blacklist status, activation/account locks, MDM, repair history, replacement components, authenticity and other characteristics materially affecting eligibility or value.

7. Revised Final Offers

If a Device materially differs from the Quote assumptions, WeCellPhones may issue a Revised Final Offer. The Seller may accept or reject the revised amount before completion. Unless another period is communicated, a Seller should respond within seven (7) calendar days. Silence will not ordinarily constitute acceptance of a reduced price.

8. Account Locks — Seven-Day Removal Period

Devices must be free of applicable security or account restrictions required to complete the Transaction, including Activation Lock, Find My, Apple/iCloud restrictions, Google or Samsung account restrictions, MDM, enterprise-management restrictions and similar locks.

If a Device is received with an applicable restriction, the Seller will have up to seven (7) calendar days following notice to remove it. If the restriction is not removed, WeCellPhones may cancel the proposed Transaction. For mailed Devices, the Seller is responsible for the actual return-shipping cost, payable before dispatch, as described in the Shipping & Mail-In Policy.

9. Transfer of Ownership and Transaction Finality

Unless otherwise expressly agreed, ownership transfers to WeCellPhones upon completion of the purchase and payment or tender of the agreed purchase price. Once completed, the Seller relinquishes their right, title and interest in the Device, subject to mandatory law and surviving Seller obligations under these Terms.

10. Stolen, Lost, Fraudulently Obtained and Unlawfully Possessed Devices

WeCellPhones does not knowingly purchase stolen, lost, fraudulently obtained or unlawfully possessed Devices and maintains a zero-tolerance approach toward attempted Device theft and fraud.

Where WeCellPhones reasonably suspects theft, fraud or unlawful transfer, it may suspend the Transaction, preserve the Device and relevant records, conduct reasonable verification, and report or disclose relevant information to law enforcement or other legally authorized parties as permitted or required by law.

11. Subsequent Blacklisting

The Seller’s representations concerning ownership, authority, lost/stolen status, financing, insurance claims and Device eligibility survive completion of the Transaction.

If a Device later becomes blacklisted, reported lost or stolen, carrier-blocked or otherwise materially restricted, and WeCellPhones reasonably suspects the event relates to fraud, a false report, an insurance claim, the Seller’s conduct or circumstances connected with the Seller’s prior ownership or possession, WeCellPhones may investigate, preserve relevant Transaction Records and pursue available contractual or legal remedies.

12. Insurance, Protection-Plan and Replacement Claims

After selling a Device to WeCellPhones, the Seller must not make, maintain, authorize or participate in an insurance, device-protection, loss, theft, replacement or similar claim inconsistent with the completed sale. Any pre-existing claim that could affect the Device or title must be disclosed before completion.

Where a claim results in blacklisting, disabling, seizure, recovery, ownership dispute or loss of lawful resale value because of a Seller breach, WeCellPhones may pursue reimbursement and other remedies and may cooperate with insurers, carriers, law enforcement and other legally authorized parties as permitted by law.

13. Ownership and Title Claims

If another person or entity later asserts an ownership, title, lien, lease, security-interest or similar claim, WeCellPhones may investigate, contact the Seller, request supporting documentation and preserve Transaction Records. Where the claim results from the Seller’s lack of ownership or authority, an undisclosed interest, fraud or material misrepresentation, the Seller remains responsible for resulting contractual consequences.

14. Payment Recovery, Clawbacks and Set-Off

If WeCellPhones has already paid the Seller and a blacklist, insurance claim, ownership claim, title defect, fraud, material misrepresentation or other Seller breach causes WeCellPhones to surrender or return the Device, lose lawful possession, refund or compensate a subsequent purchaser, suffer a payment reversal or chargeback, lose all or part of the Device’s resale value, or incur reasonable direct recovery expenses, WeCellPhones may seek reimbursement, payment recovery, set-off, indemnification or other remedies available under these Terms and applicable law.

Recoverable amounts may include the original purchase price and reasonable, documented direct losses resulting from the Seller’s breach, subject to applicable law. To the extent permitted by law, WeCellPhones may apply amounts otherwise properly payable to the same Seller in another Transaction against an outstanding amount after appropriate notice where required.

15. Identity, Proof of Ownership and Additional Verification

Where reasonably necessary for fraud prevention, ownership verification, legal compliance or Transaction security, WeCellPhones may request additional information or documentation, including government-issued identification, proof of purchase, carrier documentation, proof of ownership or other reasonably relevant evidence. WeCellPhones may decline or suspend a Transaction where reasonably requested verification is not provided.

16. Law-Enforcement and Authorized-Party Cooperation

Where WeCellPhones reasonably suspects criminal activity, it may preserve relevant Seller and Transaction information and cooperate with lawful investigations. Relevant information may include Seller identity/contact information, Device information, IMEI or serial number, Seller Purchase Agreement, signature, invoice, payment records, communications, shipping records and inspection information, where legally appropriate.

WeCellPhones is not required to release or return a Device where doing so would conflict with applicable law, a court order, lawful police direction or another binding legal requirement.

17. Seller Cooperation

A Seller agrees to reasonably cooperate with a legitimate investigation concerning a Device previously sold to WeCellPhones, including reasonable requests concerning ownership, purchase, financing, insurance or authority to sell. Failure to cooperate does not itself establish wrongdoing and does not waive rights otherwise available to WeCellPhones.

18. Seller Data Responsibility

Before transferring a Device, the Seller is responsible for backing up information they wish to retain, removing personal information where reasonably possible, signing out of accounts, removing physical SIM cards/removable storage, and removing applicable account/security locks.

19. Secondary Reset and Device Data Handling

As part of its Device-handling process, WeCellPhones performs a secondary reset on Devices before resale or further processing where technically applicable, even where the Seller represents that the Device has already been erased or factory reset. The purpose is to provide an additional safeguard against residual customer information remaining on the Device.

WeCellPhones maintains applicable WISE certification within its operations and follows Device-handling practices informed by recognized wireless-industry standards and its established procedures. No electronic erasure method is represented as making recovery technologically impossible in every conceivable circumstance.

After completion of a purchase, the Seller should assume remaining information may be permanently erased without further notice. WeCellPhones has no obligation to preserve or recover Seller data unless expressly agreed before completion.

20. Website Use and Intellectual Property

Website materials, branding, text, graphics, software and other content are owned by or licensed to WeCellPhones and may not be copied, modified, reverse engineered, republished, commercially exploited or mirrored except as permitted by law or with written authorization.

21. Prohibited Website Conduct

Users must not interfere with Website security or operation, introduce malicious code, scrape or access systems without authorization, impersonate others, submit fraudulent information, misuse Quotes or shipping services, or use the Website for unlawful purposes.

22. Website Accuracy and Availability

Website information may contain errors or become outdated. WeCellPhones may correct errors, update content, suspend functionality or modify services without guaranteeing uninterrupted availability. Quotes and transaction-specific information are governed by the applicable Transaction terms.

23. Third-Party Services and Links

The Website may use or link to independent third-party services. WeCellPhones does not control independent third-party websites and is not responsible for their content or practices, subject to obligations applicable to service providers processing personal information on WeCellPhones’ behalf.

24. Limitation of Liability

To the maximum extent permitted by applicable law, WeCellPhones will not be liable for indirect, incidental, special, exemplary, punitive or consequential losses arising from use of the Website or a Transaction where such liability may lawfully be limited. Nothing in these Terms excludes liability or statutory rights that cannot lawfully be excluded.

25. Indemnification

To the maximum extent permitted by law, a Seller agrees to indemnify and hold WeCellPhones harmless from reasonable direct losses, claims, liabilities and expenses arising from the Seller’s material breach of ownership, authority, title, fraud, misrepresentation or other surviving Seller obligations under these Terms.

26. Privacy

Personal information is handled in accordance with the WeCellPhones Privacy Policy. Nothing in these Terms authorizes disclosure of personal information contrary to applicable privacy law.

27. Incorporated Policies

The Privacy Policy, Shipping & Mail-In Policy and Cookie & Tracking Technologies Policy are incorporated into these Terms where applicable. Transaction-specific Seller Purchase Agreements, Quotes, Final Offers, invoices and receipts also form part of the applicable contractual record concerning their subject matter.

28. Governing Law

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable therein, without limiting mandatory rights that apply under applicable law. Subject to any mandatory jurisdictional rule, disputes will be determined by courts of competent jurisdiction in Ontario.

29. Severability and No Waiver

If a provision is found unenforceable, it will be interpreted or severed to the minimum extent necessary while the remaining provisions continue in effect. A failure by WeCellPhones to enforce a provision on one occasion does not waive future enforcement.

30. Changes to Terms

WeCellPhones may update these Terms prospectively. The version applicable to a Transaction will ordinarily be the version accepted or otherwise applicable when the Transaction was initiated or completed, subject to applicable law.

Part II — Shipping & Mail-In Policy

This Shipping & Mail-In Policy governs Devices submitted through the WeCellPhones Canada-wide mail-in service and forms part of the Terms & Conditions.

1. Free Canada-Wide Mail-In Shipping

For eligible Transactions, WeCellPhones provides free mail-in shipping within Canada through Canada Post. WeCellPhones provides access to a Canada Post Small Business return-shipping link through which the Seller enters required sender/shipping information, package weight, package dimensions and other information required to generate the label. The Seller is responsible for the accuracy of information entered.

2. Authorized Label Use

A WeCellPhones-provided return link or label may only be used for the applicable Transaction. It must not be transferred, duplicated, manipulated, used for unrelated goods, or generated using materially false package information.

3. Three-Day Mail-In Price Lock

Unless otherwise stated, the three (3) calendar-day Price Lock applies to eligible mail-in Quotes. The Seller must tender the package to Canada Post within the applicable lock period or other communicated deadline. Once Canada Post records timely acceptance, an ordinary carrier delay will not by itself cause loss of the locked price. Generating a label without tendering the package does not preserve the lock indefinitely.

4. Preparing and Packaging Devices

The Seller should back up desired data, remove personal information where reasonably possible, sign out of accounts, disable applicable locks, remove SIM/removable storage, document Device condition, and package the Device securely.

The Seller is responsible for adequate packaging and compliance with Canada Post requirements, including applicable requirements for electronics and lithium batteries. To the maximum extent permitted by law, WeCellPhones is not responsible for damage caused by inadequate packaging attributable to the Seller.

5. Seller Shipment Documentation

Sellers are encouraged to retain photographs of the Device, IMEI/serial number, condition, packaging and sealed package, together with Canada Post acceptance/tracking records, until the Transaction is complete.

6. Canada Post Carrier Coverage

The amount and availability of carrier liability coverage are determined by the Canada Post service used and Canada Post’s applicable terms. Where the applicable service includes standard carrier liability coverage, including up to $100 where applicable, that coverage is provided by Canada Post and remains subject to Canada Post eligibility, exclusions, evidence requirements, claims procedures and limits.

WeCellPhones does not provide separate insurance for the full Device value unless expressly agreed otherwise in writing. To the maximum extent permitted by law, Device value exceeding applicable carrier coverage is shipped at the Seller’s risk while in carrier possession before actual receipt by WeCellPhones.

7. Transit Risk to WeCellPhones

Except to the extent caused by WeCellPhones or otherwise required by law, WeCellPhones does not assume liability for carrier loss, theft, damage, misdelivery, delay or other events occurring while a package is in Canada Post’s possession beyond responsibility expressly assumed under this Policy and applicable carrier coverage.

8. Lost or Damaged Incoming Shipments

Where a WeCellPhones-provided shipping method was properly used, WeCellPhones may reasonably assist with or initiate an eligible Canada Post investigation or claim. The Seller must reasonably cooperate and may be required to provide proof of shipment, Device information, IMEI/serial, proof of ownership/value, photographs, packaging information or other evidence required by the carrier. Submission of a claim does not guarantee compensation.

9. Proof of Shipment Is Not Proof of Contents

A shipping label, tracking number, acceptance scan, receipt or delivery confirmation does not by itself conclusively establish package contents, number of Devices, Device identity, IMEI/serial, condition, storage, authenticity or value. WeCellPhones is not required to pay for a Device it did not receive.

10. Incoming Package Documentation

For security, fraud prevention, claims and dispute resolution, WeCellPhones may document package exterior, label, weight, condition, opening/unboxing, packaging materials, contents, Device condition, IMEI/serial and inspection results.

11. Receipt Does Not Equal Purchase

Delivery of a package to WeCellPhones does not constitute purchase. Each Device remains subject to identification, inspection, testing, verification, ownership review where appropriate and eligibility requirements.

12. CTIA-Based Mail-In Grading

Mail-in Devices are physically inspected and graded using criteria based on the applicable CTIA Wireless Device Grading Scales Criteria and Definitions together with WeCellPhones’ procedures. Seller-selected condition is preliminary only.

Inspection may consider screen/glass, scratches, cosmetic wear, frame/housing, dents/deformation, back glass, cameras/lenses, buttons/ports, battery condition, functionality, liquid exposure, repairs/replacement components and other material characteristics. A material mismatch may result in a Revised Final Offer.

13. Device Matches the Quote

Where the Device materially matches the information used for the Quote and satisfies eligibility requirements, WeCellPhones will proceed using the applicable agreed purchase price. A properly preserved Price Lock is not reduced solely because of ordinary market movement after timely shipment.

14. Device Does Not Match the Quote

Where a Device materially differs from the information supplied, WeCellPhones may issue a Revised Final Offer and, where reasonably practical, identify the material reason for adjustment.

15. Revised Offer Response Period

Unless another period is communicated, the Seller should respond within seven (7) calendar days. The Seller may accept or reject the Revised Final Offer. Silence will not ordinarily constitute acceptance.

16. Acceptance of Revised Offer

If accepted, WeCellPhones may complete the purchase and issue payment at the revised agreed amount.

17. Rejection — Seller Pays Return Shipping

If the Seller rejects a Revised Final Offer because the Device materially differed from the information or condition originally supplied, the Seller is responsible for the actual cost of returning the Device.

WeCellPhones will arrange the return shipment on the Seller’s behalf, but the Seller must pay the actual return-shipping cost in advance before WeCellPhones is required to dispatch the Device. WeCellPhones does not charge an additional return-shipping markup unless expressly disclosed and can provide evidence of the applicable carrier charge upon reasonable request.

18. Return Shipping Payment and Address Confirmation

Before dispatch, WeCellPhones may require payment of the return-shipping amount, confirmation of a complete return address and any information reasonably necessary to arrange shipment. The Device may remain with WeCellPhones until those requirements are satisfied.

19. Return Address Accuracy

The Seller is responsible for providing and confirming a complete and accurate return address. To the maximum extent permitted by law, WeCellPhones is not responsible for avoidable loss, delay, failed delivery, additional charges or misdelivery resulting from incorrect/incomplete Seller information, refusal, failure to collect or other circumstances attributable to the Seller.

20. Risk During Return Shipment

Once WeCellPhones properly tenders a returned Device to the applicable carrier using the Seller-confirmed address, the return shipment is subject to ordinary carrier risks. To the maximum extent permitted by law, WeCellPhones does not guarantee successful delivery and is not responsible for carrier-related loss, theft, damage, delay, misdelivery or failed delivery outside WeCellPhones’ reasonable control, except to the extent directly caused by WeCellPhones or otherwise non-excludable by law.

21. Lost or Damaged Return Shipments

WeCellPhones may reasonably cooperate by providing available shipping records relevant to a carrier claim. WeCellPhones does not separately insure or guarantee compensation for a returned Device unless expressly agreed. Any carrier compensation is subject to the selected service, coverage, exclusions, proof requirements and carrier determination; value above available coverage remains at the Seller’s risk to the maximum extent permitted by law.

22. Failure to Pay Return Shipping

If the Seller rejects the Revised Final Offer but fails to pay required return shipping, WeCellPhones is not required to advance the expense. The Device may be retained for a reasonable period while WeCellPhones seeks payment, a confirmed address and required return information.

23. Account-Locked Mail-In Devices

If a mailed Device is received with Activation Lock, Find My, Google/Samsung account restriction, MDM, enterprise restriction or similar lock, WeCellPhones will notify the Seller. The Seller has seven (7) calendar days following notice to remove the restriction. If not removed, WeCellPhones may cancel the proposed purchase and the Seller is responsible for actual return-shipping cost, payable before dispatch.

24. No Response and Unclaimed Devices

If a Seller does not respond, cannot be contacted, fails to pay required return shipping, fails to confirm a usable address, refuses delivery or otherwise fails to cooperate, WeCellPhones may retain the Device for a reasonable period while attempting resolution. After reasonable notice, WeCellPhones may exercise rights available under applicable law concerning unclaimed property. Nothing here automatically transfers ownership contrary to law.

25. Suspected Stolen or Fraudulent Mail-In Devices

If reasonable concerns arise that a mailed Device may be stolen, lost, fraudulently obtained, transferred without authority or associated with fraudulent documentation, WeCellPhones may suspend processing, investigate, preserve relevant records and cooperate with law enforcement or other legally authorized parties as permitted or required by law.

26. Secondary Reset After Successful Purchase

Following successful purchase and before resale or further processing where technically applicable, WeCellPhones performs a secondary reset as an additional safeguard against residual customer data, including where the Seller has already performed a factory reset. Seller backup responsibilities remain unchanged.

27. Multiple Devices and Prohibited Shipments

Each Device in a multi-Device shipment is individually subject to inspection, valuation and eligibility. Sellers must not use WeCellPhones shipping services for illegal goods, stolen property, prohibited hazardous materials, unrelated merchandise or items that cannot lawfully be transported.

28. Privacy and Relationship to Terms

Personal information collected through mail-in processing is handled under the Privacy Policy. This Shipping & Mail-In Policy forms part of the Terms & Conditions and governs the specific operational and risk-allocation rules for mail-in Transactions.

Part III — Privacy Policy

This Privacy Policy explains how WeCellPhones collects, uses, discloses, protects and retains personal information in connection with its Website, Device purchases, retail interactions, mail-in/pickup services and communications. WeCellPhones handles personal information in accordance with applicable Canadian privacy law, including PIPEDA where applicable.

1. Information We May Collect

Identity and contact information, including name, email, telephone number, mailing/shipping address and other information voluntarily provided.

Device and Transaction information, including model, storage, colour, IMEI, serial number, condition, battery information, carrier/network information, blacklist/account-lock status, repairs, photographs, diagnostics, Quotes, purchase price, date/time, payment method, invoice, Seller declarations, acceptance records and signature.

Payment information reasonably necessary to issue or receive payment; payment providers may process additional information under their own practices.

Shipping/pickup information, including addresses, label information, tracking, delivery status and claim-related records.

Communications by email, telephone, SMS, website forms, social media or other channels.

Website/technical information, including IP address, browser/device type, operating system, pages viewed, referral information, approximate location derived from IP, timestamps, session information, cookies and similar technologies.

2. Purposes of Collection and Use

Provide Quotes, inspect and purchase Devices, sell products/services, create invoices and process/document payments.

Communicate with customers and Sellers, provide support, and administer shipping, pickup and mail-in Transactions.

Verify Device identity/status, prevent and investigate fraud, identify potentially lost/stolen Devices and investigate ownership, insurance, blacklist or payment disputes.

Maintain accounting, tax, legal, warranty and Transaction records and establish, exercise or defend legal claims.

Respond to lawful requests from courts, regulators or law enforcement.

Maintain, secure, analyze and improve the Website and services.

3. Device Identifiers and Verification

WeCellPhones may use IMEI, serial numbers and other Device identifiers to identify Devices, maintain inventory records, verify specifications/status, investigate fraud, lost/stolen reports, ownership disputes, blacklist events, warranty matters and the Device associated with a particular Transaction.

4. Seller Purchase Records

WeCellPhones may retain information reasonably necessary to document who sold a Device, the Device/IMEI, agreed price, payment method, declarations, signature, invoice and date/time. These records support payment, business records, fraud prevention, ownership/title investigations and legal claims.

5. Information Remaining on Devices

Sellers should back up desired information, remove personal information where reasonably possible, sign out of accounts, remove SIM/removable storage and disable applicable locks. Following purchase, Devices may be erased, reset, repaired, processed or resold. WeCellPhones performs a secondary reset where technically applicable as an additional safeguard but does not guarantee that recovery is technologically impossible under every conceivable circumstance.

6. Consent

Where consent is required, WeCellPhones will seek consent appropriate to the circumstances through transaction forms, checkboxes, signatures, Website forms, communications or other appropriate methods. Consent to optional uses may be withdrawn subject to reasonable notice and legal, contractual or operational restrictions.

7. Marketing Communications

WeCellPhones may send commercial electronic communications where permitted by law and will provide required identification and unsubscribe mechanisms where applicable. Unsubscribing from marketing does not prevent necessary transactional communications such as Quotes, invoices, payment, shipping, security or support messages.

8. Cookies and Tracking

The Website may use cookies and similar technologies for functionality, security, fraud prevention, analytics, performance and marketing measurement. Additional information appears in the Cookie & Tracking Technologies Policy.

9. Service Providers and Disclosure

WeCellPhones does not sell personal information to third parties for their independent marketing purposes. We may disclose information as reasonably necessary to service providers supporting payment processing, banking, shipping, hosting, cloud storage, communications, accounting, CRM, analytics, security, fraud prevention, Device-status verification and professional services, subject to applicable legal and contractual protections.

10. Fraud, Legal and Law-Enforcement Disclosures

Where permitted or required by law, WeCellPhones may preserve and disclose relevant personal and Transaction information in connection with suspected fraud, stolen property, subsequent blacklisting, insurance/protection claims, ownership/title disputes, payment recovery, chargebacks, legal proceedings, court orders, warrants, subpoenas, production orders, regulatory requirements or lawful law-enforcement requests.

Disclosure will be limited to information legally appropriate and relevant to the legitimate purpose; this Policy does not authorize unrestricted disclosure merely because a third party asks for information.

11. Business Transfers

Personal information may be disclosed or transferred as permitted by law in connection with a legitimate sale, merger, acquisition, financing, restructuring or transfer of all or part of the business, subject to appropriate protections.

12. Security

WeCellPhones uses administrative, technical and physical safeguards appropriate to the nature and sensitivity of information under its control, which may include access restrictions, authentication controls, employee-access limitations, secure systems, monitoring, backups, disposal procedures, policies and training. No information system can be guaranteed completely immune from unauthorized access, cyberattack, technical failure or human error.

13. Employee and Contractor Access

Access to personal information should be limited to personnel and service providers who reasonably require access for legitimate business purposes. Unauthorized access, use or disclosure is prohibited.

14. Retention

WeCellPhones retains personal information only as long as reasonably necessary for identified purposes or as otherwise permitted or required by law. Retention may reflect completed Transactions, accounting/tax obligations, fraud prevention, ownership disputes, chargebacks, litigation, regulatory obligations and other legitimate business requirements. Information no longer required may be securely destroyed, erased or anonymized.

15. Accuracy, Access and Correction

WeCellPhones takes reasonable steps appropriate to the circumstances to maintain sufficiently accurate information. Subject to lawful exceptions and identity verification, individuals may request access to personal information held about them and correction of inaccurate or incomplete information.

16. Privacy and Security Incidents

WeCellPhones maintains procedures intended to identify, assess and respond to privacy/security incidents and will take steps required by applicable law, which may include investigation, containment, preservation, risk assessment, notification, reporting and required breach records.

17. Children

Device-buyback services are not intended to permit minors to independently enter Transactions where they lack legal capacity. Where parental or guardian involvement is legally required, WeCellPhones may require appropriate authorization.

18. Cross-Border Processing

Some service providers may process information outside Ontario or Canada. Information processed in another jurisdiction may be subject to the laws of that jurisdiction. WeCellPhones will handle service-provider transfers in accordance with applicable Canadian privacy requirements.

19. Changes to Privacy Policy

WeCellPhones may update this Policy as practices, technologies, services or legal obligations change. Where a material change requires additional notice or consent, appropriate steps will be taken.

20. Privacy Officer

Privacy questions, access/correction requests and privacy complaints may be directed to the Privacy Officer — WeCellPhones, 5359 Timberlea Blvd, Mississauga, Ontario, Canada; Email: info@wecellphones.ca; Phone: 647-513-4220.

Part IV — Cookie & Tracking Technologies Policy

This Policy explains how WeCellPhones uses cookies and similar technologies in connection with the Website. It should be read together with the Privacy Policy and Terms & Conditions.

1. Cookies and Similar Technologies

Cookies are small files or pieces of information that websites may store or access through a browser/device. Similar technologies may include pixels, tags, web beacons, local/session storage, scripts, conversion tracking, analytics tools and comparable browser/device technologies.

2. Purposes

Operate the Website and maintain core functionality.

Remember preferences and maintain sessions.

Improve security and prevent fraud or abuse.

Diagnose technical issues and measure Website performance.

Understand traffic, referrals and Website interactions.

Measure marketing campaigns, advertising effectiveness and conversions.

Provide or measure advertising where permitted by applicable law.

3. Cookie Categories

Strictly Necessary — Technologies required or reasonably necessary for core functionality, navigation, security, fraud prevention, sessions, privacy choices, forms, load balancing or similar operations.

Functional — Technologies that remember user choices or support enhanced functionality.

Analytics and Performance — Technologies that help understand pages visited, session activity, referral sources, browser/device information, errors and Website performance.

Advertising and Marketing — Where used, technologies that measure advertising performance, attribute visits/conversions, support audience functionality or provide/measure advertising, subject to applicable consent requirements.

4. First-Party and Third-Party Technologies

Technologies may be set by WeCellPhones or by external service providers supporting analytics, advertising, functionality, fraud prevention, security, communications or performance measurement. Third-party providers may process information under their own privacy practices in addition to obligations owed to WeCellPhones.

5. Information That May Be Collected

Depending on the technology, information may include IP address, browser, operating system, device type, approximate location derived from IP, referral source, pages visited, interactions, timestamps, session identifiers, advertising/conversion identifiers, preferences and similar usage information.

6. Consent and Optional Tracking

WeCellPhones will obtain consent for Cookies and Tracking Technologies where required by applicable law. The form of consent may depend on the nature of the technology, sensitivity, necessity, third-party disclosure, profiling/targeted advertising, reasonable expectations and legal requirements.

Where optional analytics, advertising, profiling or similar technologies require consent, WeCellPhones may provide an appropriate mechanism for users to communicate their choice. Necessary technologies may continue to operate where permitted by law.

7. Browser and Privacy Controls

Most browsers allow users to view, delete, block or restrict cookies. Blocking necessary technologies may affect Website functionality. Where WeCellPhones provides a cookie/privacy preference tool, users may use it to modify available choices.

8. Withdrawal of Consent

Where processing is based on consent, consent may be withdrawn prospectively subject to legal and technical limitations. Withdrawal does not invalidate lawful processing undertaken before withdrawal.

9. Advertising Measurement

Where used, conversion technologies may help determine whether advertising resulted in Website visits, Quote requests, form submissions, inquiries, completed Transactions or other relevant actions.

10. Cross-Border Processing and Retention

Some technology providers may process information outside Ontario or Canada. Cookie/tracking information will not be intentionally retained by WeCellPhones longer than reasonably necessary for its purpose, subject to security, fraud prevention, analytics, legal and legitimate business requirements and provider settings.

11. Security and Children

Reasonable safeguards are used for information under WeCellPhones’ control. The Website is not designed to intentionally create behavioural-advertising profiles of children.

12. Changes and Relationship to Other Policies

Tracking technologies and providers may change as Website functionality, analytics, advertising or security systems evolve. This Policy supplements the Privacy Policy and is incorporated by reference into the Terms & Conditions where applicable.

Part V — Incorporation, Entire Agreement & Contact

1. Integrated Legal Framework

The Terms & Conditions, Privacy Policy, Shipping & Mail-In Policy and Cookie & Tracking Technologies Policy form the principal public legal framework of WeCellPhones. Where applicable to a specific Transaction, the Seller Purchase Agreement, Seller Declaration, Quote, Final Offer, invoice, receipt and other transaction-specific written terms also form part of the agreement concerning their subject matter.

2. Order of Interpretation

Where provisions address the same subject, transaction-specific written terms govern the specific commercial detail they expressly address; the applicable specialized Policy governs its specific subject matter; and the general Terms govern remaining matters. Mandatory applicable law prevails over any conflicting contractual provision.

3. Seller Purchase Agreement

The short Seller Purchase Agreement used at the point of sale is intended to provide clear transaction-specific acknowledgements without reproducing the entire Master Terms. It should link or refer to the applicable Terms & Conditions and preserve the Seller’s acceptance, signature, Device/IMEI, purchase price, date/time and other Transaction information.

4. Policies Not Included in This Website Package

Retail warranty and retail return/refund terms are administered separately through WeCellPhones’ applicable CRM/invoice process and are not reproduced in this Website legal package.

5. Contact

WeCellPhones 5359 Timberlea Blvd, Unit 29 (Rear Entrance) Mississauga, Ontario, Canada Email: info@wecellphones.ca Phone: 647-513-4220

6. Publication Note

Before publication, WeCellPhones should verify the exact Canada Post service used for return labels and the carrier coverage applicable to that service, and identify the Website’s actual analytics, advertising, cookie and third-party technology providers so the Privacy and Cookie Policies accurately reflect current operations.