TransDiff Privacy Policy

Last updated: August 2022

TRANSDIFF, located at 2901, avenue Watt, Québec, QC, G1X 3W1, Canada (“TransDiff”, the “company” or “we”) also known as TransDiff JDH, respects your privacy and is committed to protecting it by complying with this policy.

This policy applies when we act as the controller of your personal information, i.e., when we determine the purposes and means of processing that personal information.

This policy describes:

  • how we collect, use, disclose and protect the personal information of our customers and users of the Platform (“you”);
  • the type of data we may collect from you or that you may provide when you visit the websites https://jldlague.com/, https://www.fardiers-quebec.com/, https://www.transdiff.com/, https://www.ateliergenytech.com and/or our web application (our “Platform”);
  • the type of data we may collect from you or that you may provide when you visit our Fardiers Québec, Atelier Genytech, TransDiff, JLD-Laguë, Maltais & Ouellet and Green Tech Stores (our “Stores”);
  • our practices for collecting, using, retaining, protecting and disclosing this information; and
  • your rights regarding your personal information.

We will only use your personal information in accordance with this Policy, unless required by applicable law. We take steps to ensure that the personal information we collect about you is appropriate, relevant, not excessive and used for limited purposes.

Privacy laws generally define “personal information” as any information about an identifiable individual, which includes information that can be used alone or with other data to identify, contact, or locate a single individual. Personal information does not include business contact information, including your name, title or business address.

This Policy applies to information we collect, use or disclose about you:

  • on this Platform;
  • in our Stores;
  • in emails, texts and other electronic messages between you and this Platform;
  • through mobile and desktop applications that you download from this Platform, which provide dedicated non-browser-based interaction between you and this Platform; and
  • when you interact with our advertisements and applications on third-party websites and services, if those applications or advertisements contain links to this policy.

The Platform may include links to third-party websites, plug-ins, services, social networks or applications. Clicking on these links or enabling these connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or obligation for those policies. We do not control these third-party websites and we encourage you to read the privacy policy of each website you visit.

Please read this policy carefully to understand our policies and practices regarding the collection, processing and storage of your personal information. If you do not agree with our policies and practices, you have the choice to stop using our Platform or services. By accessing or using this Platform or using our services, you indicate that you understand, accept and consent to the practices described in this policy. This policy may be amended from time to time. Your continued use of this Platform after we have made changes to it indicates that you accept and consent to such changes, so please check the policy regularly for updates. To the extent possible, we will notify you in advance of any material changes to this Policy and obtain your consent for any new ways of collecting, using and disclosing your personal information.

LEGAL NOTICES

PUBLISHER

TransDiff JDH, 2901, avenue Watt, Québec, G1X 3W1, Québec, Canada

TransDiff Privacy Officer: [email protected]

HOSTING

Digital Ocean Toronto, Canada

Server location: Toronto

INFORMATION WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including the following:

  • Personal information that we can reasonably use to directly or indirectly identify you, including your name, mailing address, email address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, username or other similar identifier (including your social media profiles), your age, gender, billing and account information, and any other identifiers we may use to contact you (“personal information” or “your data”).
  • Your contextual data, including your interactions with our social media, the pages you visited prior to our Platform.
  • We offer any user the opportunity to unsubscribe from our newsletter or cookies or no longer be contacted for marketing purposes by using the unsubscribe mechanism at the bottom of our emails or sending an email to [email protected].
  • Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as demographic information or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific individual, but we may derive non-personal statistical or aggregated data from personal information.

Our legal bases for processing your information are as follows:

  • Your consent
  • When it is necessary to fulfil our legal obligations
  • When it is necessary for the performance of a contract between you and us or prior to entering into it at your request.
  • When it is necessary to safeguard your or a third party’s vital interests.
  • When it is permitted or required by applicable laws and regulations.
  • When it is based on a legitimate interest, such as:
    • to ensure the security of the Platform, its network and its information;
    • to prevent fraud;
    • for commercial prospecting operations with you; and
    • for internal administrative management purposes.

HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

  • direct interactions with you when you provide it to us, for example by filling out forms, creating an account or communicating with us by phone, email, chat, in-store or otherwise;
  • automated technology or interactions when you browse our Platform. Data collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technology; and
  • third parties or publicly available sources, for example, our business partners and third-party applications.

INFORMATION YOU PROVIDE TO US

Data that we collect directly from you on or through our Platform may include the following:

  • Data you provide by filling out forms on our Platform or by communicating with us. This includes data provided at the time of registering to use our Platform, subscribing to our service and requesting additional services. We may also ask you for information when you report a problem with our Platform.
  • Records and copies of your correspondence (including email addresses) if you contact us.
  • Your responses to surveys that we may ask you to complete for research or improvement purposes.
  • Details of the transactions you carry out through our Platform and the fulfillment of your orders. You may be asked to provide financial data before placing an order through our Platform.
  • Your profile data, favourites and search queries on the Platform.

INFORMATION WE COLLECT THROUGH COOKIES AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGY

When you browse and interact with our Platform, we may use cookies or other automatic data collection technology to collect certain information about your equipment, browsing activity and patterns, including:

  • details of your visits to our Platform, including your interactions with our Platform, traffic data, location data, logs and other communication data, and the resources you access and use on the Platform.
  • Data about your mobile devices and Internet connection, including your IP address, operating system and browser type.

The data we collect automatically is statistical data and does not include personal information, and we may retain or associate it with personal information that we collect by other means, that you provide to us or that we receive from third parties. It helps us improve our Platform and provide a better and more personalized service, including by enabling us to:

  • estimate the size of our audience and our usage patterns;
  • store information about your preferences, which allows us to customize our Platform based on your personal interests;
  • speed up your searches;
  • recognize you when you return to our Platform; and
  • target you with relevant marketing messages on this Platform and other third-party Platforms.

The technology we use for this automatic data collection may include the following:

  • Cookies (or browser cookies). A cookie is a small file placed on your computer’s hard drive. You can refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may not be able to access certain parts of our Platform. Unless you have set your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our Platform.
  • Flash cookies. Some features of our Platform may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Platform. Flash cookies are not managed by the same browser settings as those used for browser cookies. To learn more about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
  • Web beacons. The pages of our Platform and our emails may contain small electronic files known as web beacons (also known as clear gifs, pixel tags and single-pixel gifs) that allow the company to count users who have visited these pages or opened an email, for example, and for other statistics related to the Platform (for example, recording the popularity of certain content on the Platform and verifying the integrity of the system and server).

We use cookie information for the following purposes:

  • Authentication – We use cookies to identify you when you visit our Platform and when you browse our Platform.
  • Status — We use cookies to help us determine if you are logged in to our Platform.
  • Personalization — We use cookies to store data about your preferences and to personalize the Platform for you.
  • Security — We use cookies as part of the security measures used to protect user accounts, including to prevent fraudulent use of login credentials, and to protect our Platform and services in general.
  • Advertising — We use cookies to help us display advertisements that will be relevant to you.
  • Redirection — We use cookies to redirect you in the event of a permanent or temporary URL change.
  • Analytics — We use cookies to help us analyze the use and performance of our Platform and services.
  • Cookie consent — We use cookies to store your cookie usage preferences more generally.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGY

Certain content or applications on the Platform, including advertisements, are provided by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or together with web beacons or other tracking technology to collect data about you when you use our Platform. The data they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this data to provide you with interest-based (behavioural) advertising or other targeted content.

Our service providers use cookies, and these may be stored on your computer when you visit our Platform.

You can simultaneously refuse cookies from multiple third-party ad servers and networks by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to prevent websites from placing cookies on your device. Opting out of a network does not mean that you will no longer receive online advertising. It means that the network you have decided to opt out of will no longer deliver ads tailored to your Internet preferences and usage patterns.

We do not control these third parties’ tracking technology or how it is used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR DATA

We use the information we collect about you or that you provide to us, including any personal data:

  • to introduce you to our Platform and its content;
  • to ensure the safety and security of the Platform;
  • to provide you with the information, products or services that you request from us;
  • to fulfil the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it;
  • to provide you with notices regarding your account or subscription, including expiration, payment, service updates and renewal notices;
  • to fulfil our obligations and enforce our rights arising from any contract with you, including for billing and collection or to comply with legal requirements;
  • to notify you of changes to our Platform or any products or services we offer or provide through it;
  • to improve our Platform, products or services, marketing or customer relationships and experiences;
  • to allow you to participate in interactive features, social media or similar features on our Platform, including our messaging or chat;
  • to measure or understand the effectiveness of the advertising we serve to you and others, and to provide you with relevant advertising;
  • in any other way that we may describe when you provide the information; and
  • for any other purpose with your consent.

We may also use your information to contact you about our products and services that may be of interest to you, to the extent permitted by law. If you do not want us to use your information in this way, please use the unsubscribe mechanism at the bottom of our emails or send us an email at [email protected].

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences, even if we do not disclose your personal information to third parties for these purposes without your consent.

DISCLOSING YOUR DATA

We may disclose aggregated data about our users, as well as data that does not identify any individual, without restriction.

We may disclose the personal information we collect or that you provide as described in this privacy policy:

  • to our subsidiaries and affiliates;
  • in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or part of TransDiff assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TransDiff about our customers and users is part of the assets transferred;
  • to advertisers and advertising networks that require this data to select and deliver advertisements that are relevant to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate data about our users (for example, we may inform them that 400 women between the ages of 30 and 45 clicked on their ad on a given day). We may also use this aggregate information to help advertisers target a specific audience (for example, men in a specific location). We may use the personal information we have collected from you to enable us to display our advertisers’ advertisements to that target audience;
  • to subcontractors, service providers and other third parties we use to support our business (such as analytics and search engine service providers who help us improve and optimize the Platform) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and treat personal information according to the same standards as those set out in this policy;
  • to fulfil the purpose for which you provided it;
  • for any other purpose disclosed by us when you provide the information; and
  • with your consent.

We may also disclose your personal information:

  • to comply with any court order, law or legal process, including to respond to any governmental or regulatory request, in accordance with applicable law;
  • to enforce or apply our terms of use or our terms of sale and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property or security of TransDiff, our customers or others. This includes sharing data with other companies and organizations for fraud protection and credit risk reduction purposes.

TRANSFERRING YOUR DATA

We may transfer the personal information we collect or that you provide as described in this policy to subcontractors,  service providers and other third parties that we use to support our business (such as analytics and search engine service providers that help us improve and optimize the Platform) and who are contractually obligated to keep personal information confidential, to use it only for the purposes for which we disclose it to them and to treat personal information according to the same standards as those set out in this policy.

We may process, store and transfer your personal information in and to a foreign country with different privacy laws that may or may not be as comprehensive as Quebec and Canadian laws. In these circumstances, governments, courts, law enforcement or regulatory agencies in that country may have access to your personal information under the laws of the foreign country. However, whenever we use a service provider, we require that its privacy and security standards comply with this Policy and applicable Quebec and Canadian privacy legislation.

We invite you to contact us for more information on the company’s policies regarding service providers outside of Canada.

By submitting your personal information or engaging with the Platform, you consent to such transfer, storage or processing.

DETAILS ON THE PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES

Your personal information is processed for the following purposes using the following third-party services. If you would like more information about the third parties that process your personal information, please contact our privacy officer at [email protected].

Analytics

We share your personal information with various third-party service providers to help us analyze customer data.

Where your personal information is completely anonymous, we do not require a legal basis to use it as it is no longer personal information governed by data protection laws.

Where your personal information is not anonymous, it is in our legitimate interest to use it in a way that ensures that we provide you and our other customers with the best products and services.

Payment processing

We use third-party service providers to help us process customer payments.

It is in our legitimate interest to use your personal information in a way that ensures a smooth transaction when you purchase our products and services.

Platform management

We use third-party service providers to help us introduce you to the Platform that you can browse.

It is in our legitimate interest to use your personal information in this way to ensure that we provide you with a means of accessing products and services online.

Provision of goods and services

We use third parties, including our franchisors, to provide you with goods or services.

It is in our legitimate interest to use your personal information in a way that ensures the proper delivery of goods or services.

YOUR CHOICES REGARDING HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your data:

  • Tracking technology and advertising. You can configure your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how to manage your Flash cookie settings, visit the Flash Player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Platform may not be accessible or may not function properly. For more information about tracking technology, see Information We Collect Through Cookies and Other Automatic Data Collection Technology.
  • Third-party advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you do not need to opt in. If you have already opted in, you may opt out by logging in to the Platform and adjusting your user preferences in your account profile by unchecking the relevant boxes or by sending us an email stating your request at [email protected].
  • Promotional offers from the company. If you have opted in to receive certain emails from us, but you no longer want your details to be used by the company to promote our products or services or those of third parties, you may opt out at any time by logging into the Platform and adjusting your user preferences in your account profile by unchecking the corresponding boxes or by sending us an email indicating your request at [email protected]. If we have sent you a promotional email, you may unsubscribe by selecting the unsubscribe link that we have included in the email.
  • Targeted advertising. If you do not want us to use the data we collect or that you provide to display ads based on our advertisers’ target audience preferences, you can opt-out by sending us an email stating your request at [email protected].
  • We do not control the collection or use of your data by third parties to serve interest-based advertising. However, these third parties may give you the choice to not have your data collected or used in this way. You can opt out of cookies from multiple third-party ad servers and networks simultaneously by using a tool created by the Digital Advertising Alliance of Canada or by the Network Advertising Initiative. You can also access these Platforms to learn more about online behavioural advertising and how to stop Platforms from placing cookies on your device. Opting out of a network does not mean that you will no longer receive online advertising. It means that the network you opt out of will no longer display ads tailored to your Internet preferences and usage patterns.

DATA SECURITY

The security of your personal information is very important to us. We take physical, electronic and administrative measures to protect your personal information against accidental loss and unauthorized access, use, alteration and disclosure. To ensure the security of your personal information, we use the following security measures:

We work with a protection and surveillance company 24 hours a day, 7 days a week.

The safety and security of your data also rests with you. Where we have given you (or where you have chosen) a password to access certain parts of our Platform, you are responsible for keeping that password confidential. We ask that you do not share your password with anyone. We urge you to exercise caution when communicating data in public areas of the Platform, such as message boards, which any visitor to the Platform can consult.

Unfortunately, data transmission via the Internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for any circumvention of the privacy settings or security measures contained in the Platform.

DATA RETENTION

Unless otherwise permitted or required by applicable law or regulation, we will retain your personal information only for as long as necessary to fulfill the purposes for which we collected it, including to meet any legal, accounting or reporting requirements. In certain circumstances, we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use this anonymous and de-identified data for any legitimate business purpose without your knowledge or consent.

AUTOMATED DECISION-MAKING OR PROCESSING OF PERSONAL INFORMATION

We do not process any personal information in an automated manner, nor do we use your personal information for automated decision making.

Person under 18 years of age

Our Platform is not intended for anyone under the age of 18. No person under the age of 18 may provide data to or on the Platform. We do not knowingly collect personal information from anyone under the age of 18. If you are under 18, do not use or provide any data on this Platform or on or through any of its features. Do not register on the Platform, make purchases through the Platform, use the interactive or public comment features of this Platform, or provide us with any information about yourself, including your name, address, telephone number, email address or any username you may use. If we learn that we have collected or received personal information from someone under the age of 18, we will delete that data. If you believe that we may have data from or about a person under the age of 18, please contact us at [email protected].

Your rights

Your main rights under data protection laws are as follows:

  • The right of access

You have the right to obtain confirmation as to whether or not we are processing your personal information and, where we do so, to access the personal information, as well as certain additional information. This additional information includes details about the purposes of the processing, the categories of personal information involved and the recipients of the personal information. To the extent that the rights and freedoms of others are not affected, we will provide you with a copy of your personal information.

In certain circumstances, you have the right to have your personal information deleted without undue delay. These circumstances are as follows: the personal information is no longer necessary for the purposes for which it was collected or otherwise processed; you withdraw your consent to processing based on consent; you object to the processing under certain rules of applicable data protection legislation; the processing is carried out for direct marketing purposes; and the personal information was processed unlawfully. There are, however, exclusions to the right to erasure. General exclusions include, where processing is necessary for:

  • the exercise of the right to freedom of expression and information;
  • the fulfilment of a legal obligation; or
  • the establishment, exercise or defence of legal claims.

Accessing and correcting your personal information

It is important that the personal information we hold about you is accurate and up to date. Please keep us informed of any changes to your personal information. By law you have the right to request access to and correct the personal information we hold about you.

You can view and modify your personal information by logging in to the Platform and visiting your account profile page.

If you want to review, verify, correct or withdraw your consent to the use of your personal information, you may also email us at [email protected] to request access, correction or deletion of any personal information you have provided to us. We may not grant a request to change the data if we believe that the change would violate a law or legal requirement or make the information incorrect. We may charge you a fee to access your personal information, but we will notify you in advance.

We may ask you for specific information to help us confirm your identity and right of access, and to provide you with the personal information we hold about you or to make any changes you request. Applicable law may permit or require us to refuse to give you access to some or all of the personal information we hold about you, or we may have destroyed, erased or anonymized your personal information in accordance with our record-keeping obligations and practices. If we cannot provide you with access to your personal information, we will tell you why, subject to any legal or regulatory restrictions.

We will provide you with access to your personal information, subject to the exceptions set out in applicable privacy legislation. Examples of these exceptions include the following:

  • Data protected by solicitor-client privilege
  • Data that is part of a formal dispute-resolution process
  • Data that relates to another individual and that would reveal their personal information or confidential business information
  • Data that is prohibitively expensive to provide.

If you are concerned about our response or wish to correct the information provided, you may contact our Privacy Officer at the following address: [email protected].

If you remove your user contributions from the Platform, copies of your user contributions may remain visible in the cached and archived pages or may have been copied or stored by other users of the Platform. The appropriate access and use of the data provided on the Platform, including user contributions, is governed by our terms of use.

Withdrawing your consent

Where you have given your consent to the collection, use and transfer of your personal information, you may have the legal right to withdraw your consent in certain circumstances. To withdraw your consent, if applicable, contact us at [email protected]. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact at that time to help you in your decision.

Changes to our privacy policy

It is our policy to post any changes we make to our privacy policy on this page, along with a notice that the privacy policy has been updated on the Platform homepage. If we make any material changes to the way we handle our users’ personal information, we will notify you by email at the address provided in your account or by a notice on the Platform homepage.

We indicate the date the privacy policy was last reviewed at the top of the page. It is your responsibility to ensure that we have an up-to-date, active and usable email address for you, to check our Platform and this privacy policy regularly for changes.

CONTACT INFORMATION AND COMPLIANCE

We welcome your questions, comments and requests regarding this privacy policy and our privacy practices. Please contact us at the following address:

By email:  Privacy Officer [email protected]

By mail: Privacy Officer, TransDiff, 2901, avenue Watt, Québec, G1X 3W1, Québec, Canada

We have procedures in place to receive and respond to complaints or inquiries regarding our handling of personal information and our compliance with this policy and with applicable privacy laws. To discuss our compliance with this policy, please contact our Privacy Officer using the contact information provided above.