Last Updated: August 27, 2019
2. COLLECTION AND CONSENT
The Operators do not knowingly target or collect personal data from children or adults who do not have legal capacity. Before providing any of their personal data to the Operators, individuals under the age of 18 and any other individuals who do not have legal capacity should discuss whether or not to provide the information with their parent or guardian and make that decision together. The Sites are not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal data from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal data to the Operators, we will remove that information as soon as possible.
Orders and Product Inquiries
When the Operators take orders for products or receive product inquiries they may collect the following types of personal data: (i) contact information such as name, address, telephone number and e-mail address for the person placing the order or making the inquiry; (ii) for an inquiry, information regarding preferences with respect to the types of products and services that the Operators make available; (iii) for an order, billing, banking and other financial information required to process payment for the order; and (iv) other types of personal data which a reasonable person would consider ancillary to the types of information set out above. This information may be used by the Operators to: (i) fulfill orders for products and services; (ii) process payments for orders; (iii) respond to any concerns regarding an order; and (iv) respond to inquiries.
Please note that the Operators use a third party for processing online payments, and the third party does not provide the Operators with any information pertaining to any credit card used to make an online purchase.
Rewards and Marketing Programs
When an individual chooses to participate in a rewards program or other marketing program (for example, a contest), the Operators collect the following types of personal data: (i) contact information such as name, address, telephone number and e-mail address; (ii) purchasing history with respect to the Operators’ products; (iii) rewards or prizes earned as a result of having participated in the rewards or other marketing program; and (iv) other types of personal data which a reasonable person would consider ancillary to the types of information set out above. This information may be used by the Operators to: (i) operate the rewards program or other marketing program; (ii) process and fulfill requests for rewards; (iii) respond to any concerns regarding the program; (iv) further develop or create rewards programs or other marketing programs; (v) offer products and promotions; and (vi) for any purpose disclosed at the time when the individual signs up to participate in the program.
The Operators use technology to track the patterns of behaviour of visitors to any of the Sites. The Operators’ servers collect the following information about each such visit: (i) the Site visited; (ii) the date and time of the visit; (iii) the pages within the Site that were visited and the time spent on each; (iv) the type of browser being used to access the Site; (v) the operating system of the device being used to access the Site; and (vi) the IP address from which the Site was accessed (from which the Operators may identify the web page from which a visitor was referred to the Site, the domain associated with that page and the person who holds the rights for the IP address, typically an internet service provider).
The Operators may use the information collected from individuals who browse the Site(s) for the following purposes: (i) to better understand how the Site(s) are being used in order to improve upon the Sites(); (ii) to tailor how an individual experiences the Site(s) to the individual; and (iii) to investigate security incidents relating to the Site(s) (for example, to investigate a denial of service attack on the Site(s)).
Interactive Website Activities
The Operators may collect the following types of personal data relating to individuals who choose to participate in other activities offered via the Sites (for example, contests): (i) age and contact information such as name, address, telephone number and e-mail address; (ii) contact information for a parent or guardian if the individual is under 18 years of age; and (iii) for any purpose disclosed at the time when the individual signs up to participate in the web-based activity.
Newsletters and Announcements
As well, the Site(s) provide(s) individuals with several opportunities to “opt-in” to receive additional information, newsletters or announcements from the Operators. If an individual does so, the personal data that he or she provides to the Operators may be used to: (i) provide the additional information, newsletters and announcements; and (ii) tailor the types of information, newsletters and announcements provided by the Operators to the individual. Additionally, an individual who has previously opted to receive additional information, newsletters and announcements may subsequently “opt-out” by following the directions for doing so on the Site(s). Note that even if you “opt-out” of receiving newsletters or other marketing communications from the Operators, we may still email you with respect to transactions related to your account, or as otherwise required or permitted by law.
From time-to-time, the Operators may ask individuals to volunteer their personal data in the form of a survey. Participation in surveys is optional. This information is used by the Operators to: (i) create aggregate information about their customers, visitors to the Sites and others; and (ii) for any purpose disclosed at the time when the individual completes the survey.
In addition to the purposes discussed above, where and as permitted by applicable law, the Operators may use the personal data collected about individuals (both actively and passively) for secondary marketing purposes and for third party marketing purposes, including re-targeting. This may include extending special offers, promotions or communications to individuals who interact with us. If you do not wish to engage with such offers, promotions, or communications, see “Newsletters and Announcements” above, or follow the directions provided in such communications, to opt-out.
The Operators may also use data analytics tools to collect and analyze data about individuals and their interactions with us. This may include information about your browsing habits (see “Browsing” above), or your other interactions with us. To the extent permitted by applicable law, we may use the data and analytics to improve the offers, services and Sites that we offer to you. If you have questions or concerns about our data analytics practices, or wish to opt-out of such activity, you may do so by contacting the Mother Parkers Privacy Officer at the contact information below. See also “Aggregation” below.
From time-to-time, the Operators may make other requests for individuals to volunteer their personal data. When the Operators create such an opportunity, they will disclose the purposes for which the personal data is being collected and seek an express consent to use the personal data collected for such purposes.
The Operators may use the personal data that they collect to create aggregated and depersonalized data sets. A data set is aggregated and depersonalized when none of the individuals whose personal data makes up the data set can be identified from the data set. The Operators may use such data without the consent of such individuals.
4. WHEN WE DISCLOSE INFORMATION
We may share information as discussed below, but we won’t sell it to advertisers or third parties.
Any company operated by the Operators may share personal data in its possession with: (i) its employees who need to use that information in connection with one or more of the purposes for which that personal data was collected; and (ii) any other company operated by the Operators who needs to use that information in connection with one or more of the purposes for which that personal data was collected. Please note that the Operators’ employees may be located in Canada or the United States.
The Operators may access and/or disclose any personal data which they have collected if required or permitted to do so by law (for example, in order to comply with a legal requirement including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on the Operators or in urgent circumstances to protect the life, health or security of any person).
Where an individual submits a credit application, we will collect certain trade and bank references, and may confirm such references, and may collect additional information and/or disclose certain information to banks and/or credit agencies as necessary to complete the credit application process.
The Operators may also disclose an individual’s personal data to any successor, or to a purchaser upon any sale of any of their businesses or substantially all of the assets used in any such businesses.
The Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our Sites, we encourage you to read the privacy policies of every website you visit. Please remember that their use of your personal data will be governed by their privacy policies and terms.
5. HOW WE PROTECT PRIVACY ONLINE
Even though the Operators use a variety of safeguards to protect information provided to them, it should be noted that no transmission of personal data can be guaranteed to be completely secure. Consequently, the Operators, their affiliates, related companies, third party service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that personal data provided in this manner will be completely secure.
6. RETENTION AND DESTRUCTION
Except as otherwise permitted or required by applicable law or regulation, the Operators keep personal data only for as long as the personal data is required for the purposes for which it was collected, including for purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, the Operators may anonymize an individual’s personal data so that it can no longer be associated with the individual and reserve the rights to use such anonymized data for any legitimate business purposes without further notice or consent.
When any personal data is no longer required by the Operators for the purposes for which it was collected, the Operators destroy the personal data in a manner which takes into account the sensitivity of that information.
8. PRIVACY OFFICER
9. YOUR RIGHTS – INDIVIDUALS IN THE EUROPEAN UNION
If you are an individual in the European Union, you have certain rights with respect to the access, correction, restriction, and erasure of your personal data stored on our platform at any time. You can exercise any of these rights at any time by contacting us at email@example.com. Your rights include the following:
- Accessing your data. Upon request, we shall provide any information relating to your data and our processing of your data in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The information shall be provided in writing or by other means, including, where appropriate, by electronic means within 30 days of a written request.
- Correcting your data. You have the right to ask us to rectify any inaccurate or incomplete personal data on our platform. If we have given your personal data to any third parties, we will notify those third parties that the Operators have received a request to rectify your personal data, unless doing so proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however, we are not in a position to audit those third parties to ensure that the rectification has occurred.
- Erasing your data. You can ask us to erase your personal data stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal data to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose data we have erased so you may be contacted again by us, should we come into possession of your personal data at a later date.
If we have given your personal data to any third parties, we will tell those third parties that the Operators have received a request to erase your personal data, unless this proves impossible or involves a disproportionate effort. Those third parties should also rectify the personal data they hold – however, we will not be in a position to audit those third parties to ensure that the rectification has occurred.
Restricting the use of your data. We only process your personal data where we have the legal basis for doing so. You have the right to ask us to suspend or otherwise restrict the processing of your personal data where:
- You challenge the accuracy of the personal data;
- The processing is unlawful but you do not want us to erase it;
- We no longer need the personal data for the purposes of the processing, but you want us to hold it as you need it to establish, exercise, or defend legal claims; or
- You have objected to our use of your data, but we need to verify whether we have legitimate grounds to use it.
If we have given the personal data to any third parties, we will tell those third parties that we have received a request to restrict the use of your personal data, unless this proves impossible or involves a disproportionate effort. Those third parties should also rectify the personal data they hold – however, we will not be in a position to audit those third parties to ensure that the rectification has occurred.
Withdrawing your consent. Where we are relying on consent to process your personal data (for example consent to receive marketing) you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
10. YOUR RIGHTS – INDIVIDUALS OUTSIDE THE EUROPEAN UNION
Accessing Account Information. We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to firstname.lastname@example.org.
A Record of Data Transfer. The Operators will provide the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal data (if any) about you for our direct marketing purposes in the prior calendar year, and a description of the categories of personal data shared. To make such a request, please send an email to email@example.com and please include the phrase “Personal Information Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal data to third parties for their direct marketing purposes.
California Online Privacy Protection Act. As required by the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code, this Privacy Statement identifies the categories of personally identifiable information (as that term is defined above and in the California Act) that we collect through our Sites about individual consumers who use or visit our Sites and the categories of third-party persons or entities with whom such personally identifiable information may be shared. See more about the California Act at http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
California Consumer Privacy Act of 2018 (CCPA). You have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal data in the prior calendar year and a description of the categories of personal data shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal data and our processing of your personal data in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The information shall be provided in writing or by other means within 45 days of a written request. To make such a request, please send an email to firstname.lastname@example.org and please include the phrase “Personal Information Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. You can also ask us to erase your personal data stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal data to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal data we have erased so you may be contacted again by us, should we come into possession of your personal data at a later date. The Operators have collected, will collect and have disclosed the personal data described in the categories above during the last year for business purposes; however, we do not sell your personal data. If you exercise your rights under the CCPA, the Operators will not discriminate against you.
11. WHERE WE STORE AND TRANSFER YOUR DATA
The Sites are controlled by the Operators from their offices in Canada and the United States. The Operators may store and use information in the United States, Canada and other jurisdictions; any personal data provided to the Operators will be transmitted to or within those jurisdictions. We also may transfer information and personal data to other jurisdictions to facilitate our third party processors’ access to and/or processing of information and/or personal data.
Individuals in the EU. If and when we transfer your personal data outside the European Economic Area (“EEA”), we ensure a similar degree of protection is afforded to it as in the EEA by using specific contractual clauses approved by the European Commission which give personal data the same protection it has in Europe.
The Operators make no representation that materials on the Sites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
12. INQUIRIES, REQUESTS FOR ACCESS AND SUBMITTING CORRECTIONS
Courier or Regular Mail: Privacy Officer, 2531 Stanfield Road, Mississauga, Ontario, Canada, L4Y 1S4