What Information Is Collected by The Company?
Any time you place an order, sign up for our newsletter, submit your contact information and resume for employment purposes, enter a contest, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials through the Site or any other Company’s website including any of the Company’s social networking websites and web pages such as Facebook, Twitter or YouTube, or otherwise provide personal information to the Company (including via mail or e-mail in regular correspondence), it is collected, used and disclosed by the Company for various purposes as described herein. Moreover, every time you visit the Site, the following information is automatically obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other “click stream” data. This information is stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e-mail address, home and work addresses, telephone and fax numbers and any plain text commentary.
Additionally, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.
As previously stipulated, we will also collect personal information from you when you provide your personal information to us, such as by making an order, signing up for our newsletter, submitting your contact information and resume for employment purposes, completing an entry form to participate in a contest, ballot, promotion or survey, whether online or at one of our retail stores, by communicating with us by telephone, e-mail, in-store or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s), or by introducing or post any text, image, video, audio, or any information, content or other materials through any of the Company social networking websites and web pages such as Facebook, Twitter or YouTube. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail, postal addresses, telephone number(s), credit card information, product interest information and financial information and in certain circumstances, your comments, suggestions, ideas, opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Company Affiliates.
In light of the importance of protecting children’s privacy, we do not intend the Site for child audiences, and we do not collect, process or use on the Site any information relating to an individual whom we know to be under 18 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contacting Us” section below for such purpose.
How Is My Personal Information Used?
In order to better serve you, we may combine information you give us online, in our stores, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device) e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:
Process your order and answer questions about the status of your order;
Send you products that you have ordered or which have been ordered on your behalf, or send your friends, relatives, and associates, products that you have ordered on their behalf;
Maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon and to communicate special offers and promotions from the Company concerning our products and services;
Communicate directly to you special offers and promotions from the Company on behalf of itself and/or third parties with whom the Company has entered into advertising and promotional agreements or other arrangements;
Enable you to participate in our promotions and contests and those promotions and contests of third parties with whom the Company has entered into advertising and promotional agreements or other arrangements;
Develop, improve, market and provide our products and services and manage our business;
Compile information related to loyalty and earned rewards programs which we may establish from time to time and to which you may be entitled to in respect of your on-line and/or in-store product purchases; and
Help us to meet applicable legal and regulatory requirements.
For example, we may use your personal information to complete merchandise purchases and returns. We may also use personal information to contact a purchaser when necessary, such as when a delivery may be delayed or when a product is out of stock. In addition, the Company uses personal information to notify its customers about products or services, promotions and special offers in which they may be interested.
We may also request additional information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional and never required for you to place an order or make a purchase. If you provide the additional information, we may use this data to improve our Site and enhance your shopping experience.
We also use information collected from the Site to measure interest in the various areas of the Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in the Policy, any personal information that we disclose to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our customers.
You acknowledge and agree that the Company shall also have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through the Site by e-mail or post through the Company social networking websites and web pages such as Facebook, Twitter or YouTube, in whole or in part, in connection with the marketing and promotion of the Company business. You always have the right to revoke such consent in the manner described in the section “How do I exercise my choices about the collection, use and disclosure of my personal information?” below. Further, Commercial Electronic Messages, which include any message meant to sell, promote or advertise a product or service sent to an electronic account, (“CEMs”) will only be sent to you in compliance with CASL, as further described in the section “How do I exercise my choices about the collection, use and disclosure of my personal information?” below.
If you submit your contact information and resume for employment purposes with us, this information will only be used to evaluate your qualifications for the desired position and, if needed, to contact you.
To Whom May My Personal Information Be Disclosed?
We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:
In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in the Policy, all in accordance with the terms of the Policy.
We may transfer personal information to non-affiliated third parties for processing on our behalf (such as fulfillment services, technical support, delivery services and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service. We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of the Company and any Company Affiliates.
By providing any personal information acquired during visitors’ and customers’ visits to the Site and/or visits to the Company’s stores and/or by accessing and using the Site or any Company microsites used in connection with contest and promotional offers, you hereby agree to all of the terms and conditions of the Policy and consent to the collection, use and disclosure of your personal information as described in the Policy. You are responsible to ensure that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material.
You should also know that Canadians have certain rights to privacy under The Personal Information Protection and Electronic Documents Act (“PIPEDA”), which addresses the collection, storage and use of personal information by organizations in the private sector. Additionally, Canadians have certain rights under Canada’s Anti-Spam Legislation (“CASL”) to protection from unsolicited and malicious electronic communications.
The terms “we”, “us”, and “our” used in the Policy refer, collectively, to the Company and its affiliates, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, “Company Affiliates”).