Privacy Policy
Effective Date: May 25, 2018
Swissgear.ca - Privacy Policy
TP-Holiday Group Limited and its affiliates ("Holiday Group") are committed to respecting the privacy and security of the personal information of adults and children. This Privacy Policy describes the information collected on our website, swissgear.ca (the "Site"). This Privacy Policy applies only to this Site.
By using the Site or by providing your information to us, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy, the Terms and Conditions https://www.swissgear.ca/en/terms-and-conditions, and any written agreement(s) executed and in effect in connection with any of our products or services.
1. What Information is Collected by Holiday Group or its Service Providers and When
The information we receive and how we use it depends on what you do when visiting the Site. The Site and related services may require registration for access. As part of registration and related services, we ask you to provide us certain information about you. You may provide us and our service providers personal information using the Site in a number of ways, for example by entering that information into data fields on the Site (e.g., by registering for an account) or in communications with us using the contact information at the end of this Privacy Policy or in the Terms and Conditions https://www.swissgear.ca/en/terms-and-conditions. Personal information includes data that specifically identifies you or your child, such as your name, email address, telephone number, country of residence, occupation, and payment information. Children may provide an email address, occupation (student), and country of residence when registering for an account. Public information is that information that you make publicly available through your account or by posting or otherwise communicating via the Site.
We may receive personal information from other sources. For example, if you connect your social media account(s) to your account, the social media site may share information with us about your use of their services, including information about your profile, contacts, and viewed or liked content. We encourage you to read the applicable privacy policies for your social media accounts. We shall have no responsibility for the data collection and use practices of those social media sites.
If you use the Site to make a payment, we collect information about the transaction. This includes the date of the transaction, payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing and contact details.
Holiday Group and its service providers also collect certain non-personal information, data that does not identify you or your child as an individual person. This information tells us about how people use the Site so that we can analyze its effectiveness and provide you with a better web experience. We collect and use this information through a variety of technologies, including "cookies" and analysis applications, as discussed below.
(a) Server Information
Like every website, the Holiday Group servers automatically and temporarily store the following information in the server log files. This information is provided by your browser unless you have deactivated the function.
- IP address of the enquiring computer
- File query by the client
- The http response code
- The Internet page from which you visited us (referrer URL)
- The time of the server query
- The site visitor's operating system, and browser's type and version
- The operating system used on the enquiring computer
(b) Site Visit Tracking Technologies
As is standard practice on many websites, the Site may use "cookies" and other technologies to help Holiday Group understand which parts of the Site are the most popular and the preferences of the Holiday Group users. Holiday Group may also use cookies and other technologies to study traffic patterns on the Site, to improve its functionality and usability as well as to improve the effectiveness of our communications with users. Holiday Group may also use cookies to customize your experience and provide greater convenience to you during your interactions with the Site.
A cookie is a unique alphanumeric identifier that websites use to help identify the number of unique visitors to a website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus and thus pose no threat to you. Servers and sites other than the one placing the cookie on your hard drive cannot read the cookie, and no personal information can be gathered by other servers from the cookie. If you prefer not to enable cookies or to disable them, you may do so through your web browser’s security settings. Please note that certain features of the Site may not be available once cookies have been disabled.
Like most websites, the Site gathers certain information automatically and stores it in log files. This information includes internet protocol ("IP") addresses, browser type, operating system, internet service provider ("ISP"), referring/exit pages, date/time stamp of access, and clickstream data, and information about the content you view on the Site. When you visit the Site, the servers automatically log your IP address, the time and duration of your visit, and the time and duration spent on the pages of the Site which you view. If you arrive at the Site by clicking a paid advertisement or a link in a communication, then the server will capture information that tracks your visit from that link. If you arrive at the Site by clicking on a non-paid source, such as a search engine result or link on another website, the server may capture information that tracks your visit from that source, to the extent available.
Some of our communications to you may contain a "click-through URL" which links to content on the Site. When you click one of these URLs, it passes information through the Holiday Group web server before you arrive at the destination web page. Holiday Group tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked, simply avoid clicking text or graphic links in emails you receive from Holiday Group.
Certain features of the Site may use local stored objects ("Flash cookies") to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Holiday Group additionally may use web beacons or pixel tags, which are tiny invisible graphic images, in the Site. Web beacons and pixel tags may be used by Holiday Group to count users who have visited its webpages and for related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
(c) Different Devices
If you use different devices (e.g., your smart phone, laptop, and/or home computer) to access the Site, we may be provided with and collect device-specific information, including your hardware model, operating system version, unique device identifiers, phone number, location, and mobile network information. We may associate your device identifiers or phone number with your account information.
The information obtained through your different devices may be associated with your order history, the products you have viewed on our Site and the use you have made of our Site. We may also use this information to identify and prevent fraudulent activity on your account, including access to your account from an unauthorized device.
(d) Third-Party Analytics
We may use third-party service providers (e.g., Google Analytics) to collect and analyze information about use of the Site. These service providers may utilize cookies and related technologies to collect personal information.
2. Use of Information
Holiday Group and its service providers may use your personal information to provide our services and to contact you in response to inquiries you submit. Holiday Group and its service providers may retain and use your information for as long as needed for the following purposes:
- to present our Site and related content to you;
- to provide you with information, products or services that you request from us;
- to provide you with notices about your account and/or order;
- to allow you to register your products to benefit from the warranty;
- in combination with other information, for Site improvement and marketing and promotional purposes (including, but not limited to, sending you catalogs and special offers and managing promotions and contests);
- to process orders and payments from you;
- to provide more consistent and personalized services across the Site, including to personalize our advertising, marketing, and promotional efforts;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to notify you about changes to the Site or any products or services we offer or provide though it;
- to allow you to participate in interactive features on the Site;
- in any other way we may describe when you provide the information;
- for any other purpose with your consent.
3. When Holiday Group Discloses Your Information
We may disclose aggregated information about our users without restriction. This data cannot be attributed to any specific individual. Holiday Group may disclose aggregated user data in order to describe our services to current and prospective affiliates, and to other third parties for lawful purposes.
Holiday Group and its service providers may transfer information between them for business purposes. For example, our service providers may handle technical support, payment processing, marketing, advertising delivery and tracking, or information analysis. We furnish our service providers the information they need to perform these and other services, and we work with our service providers to respect and protect your information. We may also provide your information to our affiliates. The entities with which we share information may be located in Canada, the United States or other countries.
In the event that Holiday Group or some of our assets are sold or transferred or used as security, or to the extent we engage in business negotiations with our business partners, the information collected on the Site may be transferred or shared with third parties as part of that transaction or negotiation. We may also provide information or provide access to information to any of our affiliated businesses or to our business partners.
With your consent, we may disclose information about you to third parties to market their products or services to you.
On rare occasions, we may disclose specific information without your consent and without notice to you as required to comply with laws and regulations, or to comply with court orders, subpoenas, or lawful discovery requests. Information collected from you may also be used to investigate security breaches or otherwise cooperate with authorities. We may also share information with companies assisting in fraud protection or investigation.
We may disclose information about you without your consent and without notice to you as required to enforce or apply the Terms and Conditions https://www.swissgear.ca/en/terms-and-conditions, or other agreements, including for billing and collection purposes.
Holiday Group retains the Personal Information we receive as described in this Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our products or services, resolve disputes, establish legal defences, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
4. How Your Information is Protected
Holiday Group has implemented reasonable physical, technical, and organizational safeguards to help protect your personal information from unauthorized access, acquisition, or disclosure, alteration, or destruction. Although we strive to keep your personal information secure, no safeguards can be guaranteed to be completely secure, so you should exercise caution when transferring personal and other sensitive information over the Internet. Please advise us immediately at the address listed below of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.
5. Third-Party Sites
The Site may contain links to other websites. Please note that when you click on one of these links, you will leave the Site and will be subject to the policies and privacy practices of the other Site, which may differ significantly. You should review the policies of other sites you visit. Holiday Group is not responsible for the content, technology, security, or practices of linked sites operated by others, or for your use of linked sites.
6. Children’s Privacy
Our service is not directed to children under age 13, unless and until a School or parent has provided consent and authorization for the child to use the service and for Holiday Group to collect information from such child. If you believe, we might have any information from or about a child under the age of thirteen without consent from the School or parent, please email us at legal@swissgear.ca.
7. Applicable Law
We recognize that the Site may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of Canada. You should be aware that data related to the Site may is hosted in the U.S. Because we cannot practicably prevent users in different jurisdictions from accessing the Site, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Site or any of its content or functionality, the Site is not intended for you, and we ask you not to use it or submit any information through it.
8. Your rights in relation to personal data under the GDPR
You may inquire as to whether Holiday Group is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to legal@swissgear.ca or use any other method set out in this Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by Holiday Group. Such request will be processed in line with local laws.
Although Holiday Group makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Holiday Group is unable to provide access, including but not limited to: where information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Holiday Group determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Holiday Group will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
9. Requirements under PIPEDA and SECURITY MEASURES
To the extent that you submit information to Holiday Group that is or reasonably may be personal information or personal health information (collectively, "Personal Information") as defined in any privacy acts ("Privacy Acts") including, the Personal Information Protection and Electronic Documents Act ("PIPEDA"), we agree to implement and maintain measures that satisfy the requirements of PIPEDA, including without limitation: (a) ensuring the security and confidentiality of the Personal Information; (b) protecting against any anticipated threats or hazards to the security or integrity of the Personal Information; and (c) protecting the Personal Information against unauthorized access or use. These measures shall also include, but not be limited to, maintenance of appropriate safeguards to restrict access to the Personal Information only to those employees, agents, or service providers who need that Personal Information.
Holiday Group shall use all reasonable efforts to guard against unauthorized access to, use and disclosure of all Personal Information that it collects, stores, uses, receives, accesses, and discloses hereunder and, in any event, the standards of such security measures shall be no less stringent than as set out in the Privacy Acts.
Holiday Group agrees to cooperate with any investigation or enquiry by any privacy regulator upon being informed of such investigation.
10. Review, Modify, or Delete Your Information
You can review and change your personal information by logging onto the Site and visiting your account. You may also send us an email at legal@swissgear.ca to correct or delete any personal information that you have provided to us.
If you request that your account information be deleted or if you unsubscribe from communications, we may maintain information about your transactions or inquiries for future service and recordkeeping purposes. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide you information, products, or services. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
11. Updates to this Privacy Policy
Holiday Group may update this Privacy Policy and the Site to reflect material changes in how we collect, use, share, or store your information, to satisfy legal requirements, or for other business purposes. You should review this Privacy Policy when you visit the Site to understand our current practices. The date at the top of the page shows when this Privacy Policy was last updated.
We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current practices. You consent to any changes we make to this Privacy Policy if you continue to use the Site after receiving a notice of the change or upon our posting of the new Privacy Policy on the Site.
12. Interpretation of this Privacy Policy
Any interpretation associated with this Privacy Policy will be made by our legal counsel. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word "including" is used, it means "including without limitation."
This Privacy Policy does not create or confer upon any individual any rights or impose upon Holiday Group any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable country, state, and other privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and applicable privacy laws, this Privacy Policy shall be interpreted in that case to give effect to, and comply with, such privacy laws.
13. Contact Us
If you have questions or comments about this Privacy Policy or the Site, please contact us using the information below.
TP-Holiday Group Limited
4875 Boulevard Des Grand Prairies
Montreal, Quebec
H1R 1X4
(514) 325-0660
Email: legal@swissgear.ca
