Last Updated: October 4, 2022.
Your privacy is important to Carmanah Technologies Corp. (“Carmanah”). This Statement explains how Carmanah collects, uses, discloses, retains and deletes personal information, including information collected through Carmanah’s website (currently, www.carmanah.com), or directly by Carmanah representatives (collectively, the “website”).
Carmanah welcomes questions and comments on this Privacy Statement and feedback on its management of personal information. Any questions, concerns, requests for access or changes to personal information, withdrawals or variations of consent, complaints, or inquiries regarding our privacy policies and practices, including questions about the collection, use, disclosure or storage of personal information by our approved suppliers, distributors or service providers outside of Canada, may be directed to Carmanah’s Privacy Officer at 250 Bay Street, Victoria, BC, V9A 3K5.
1. Your Consent
Carmanah will only collect, use and disclose personal information for the purposes for which it was provided, unless you consent to a new purpose, or if permitted or required by law. Except where limited exceptions apply, Carmanah will make a reasonable effort to advise you in advance of the purposes for which your personal information is being collected, used, and disclosed.
When you provide or submit your personal information to Carmanah, we consider that you have consented to the collection, use, and disclosure of your personal information for the purposes for which it was provided or submitted. We will handle that personal information in accordance with this Privacy Statement, or as otherwise permitted by applicable law.
Subject to legal or contractual restrictions, on reasonable notice, you may withdraw or vary your consent to Carmanah’s collection, use and disclosure of your personal information by submitting a written request to Carmanah’s Privacy Officer using the contact information above. If you withdraw or vary your consent, there may be products and services that Carmanah can no longer supply to you.
In this Privacy Statement, “personal information” means any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your:
- first and last name;
- email address;
- company name; and
- information you include in free text boxes or messages to us.
2. How Carmanah Collects Personal Information
(a) Direct Collection:
Although Carmanah collects personal information primarily from the individual involved, Carmanah may also collect personal information from other authorized sources.
You may be asked to provide or submit your personal information to Carmanah when you contact Carmanah to discuss our products or services, place an order for our products and services, register to create a Carmanah account, subscribe for Carmanah services including our newsletter, respond to a survey, fill out a form, submit an inquiry, or when you are otherwise in contact with Carmanah, or its representatives. In those circumstances, you can choose not to provide or submit your personal information, but then we might not be able to fully respond to you.
(b) Automatic Collection:
Carmanah’s website may automatically collect certain information regarding your use of the website, such as the dates and times you access Carmanah’s website and the browsers, operating systems and devices you use to access the website. Carmanah may use that information for various purposes, including to administer and improve Carmanah’s website. Some of the tools we use to automatically collect information about you may include:
- Cookies: Carmanah’s website and email messages may also use “cookies” and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Carmanah to improve Carmanah services, advertising and customer communications. Carmanah may use information collected through cookies and similar technologies to recognize you as a user of Carmanah’s website, determine your general location, track your use of Carmanah’s website, offer personalized online content, information and advertisements, and otherwise facilitate and improve your use of Carmanah’s website. Cookies are usually defined in one of two ways, and we may use either (or both) of them: (i) session cookies, which do not stay on your device after you close your browser, and (2) persistent cookies, which remain on your device until you delete them or they expire. You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of Carmanah’s website.
- Web Beacons. A web beacon is an electronic image. Web beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use web beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of the third-party marketers we engage with may use web beacons to track your interaction with online advertising banners on our website. This information is only collected in aggregate form and will not be linked to your personal information. Please note that any image file on a webpage can act as a web beacon.
- Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the personal information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.
(c) Location-Based Services
Carmanah may provide location-based services, including marketing and promotions specific to your location and the calculation of prices in local currency. To do so, Carmanah may collect and use information regarding the geographic location of your computer or mobile device. If the location data contains your personal information, then Carmanah will treat the location data as personal information in accordance with this Privacy Statement. If the location data is collected anonymously in a form that does not personally identify you, then Carmanah will treat the location data as non-personal information in accordance with this Privacy Statement. If location data does contain personal information, then we will ask for your consent prior to collecting that data. You may configure your computer or mobile device to either transmit or not transmit location data to Carmanah, but prohibiting such transmission may preclude Carmanah from providing you with certain services or website features.
You may opt-out of receiving emails in accordance with this Privacy Statement. We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. When you contact Carmanah service or sale representatives by telephone, those calls may be monitored or recorded for quality assurance purposes. If Carmanah wishes to use personal information you have provided during the course of those calls for quality assurance purposes, Carmanah will contact you to seek your consent.
3. How Carmanah Uses Personal Information
Carmanah uses your personal information:
(a) to provide you with products and services that you have registered or purchased to receive from Carmanah;
(b) to facilitate transactions and process your purchases for Carmanah products;
(c) to process and respond to your specific suggestions, comments, inquiries and requests (including your feedback to Carmanah about Carmanah’s products), and to otherwise administer Carmanah’s relationship with you;
(d) to create and manage your Carmanah account;
(e) if necessary, to facilitate the return of products for servicing or repairs; and
(f) for those purposes required or permitted by law.
Carmanah may combine your personal information collected through various sources, including information collected through Carmanah’s website, and develop a customer profile for you which will be used for the purposes above.
If you have provided your consent for Carmanah to use your personal information for marketing and promotional purposes, we may also use your personal information to:
(g) to administer and facilitate your participation in contests and promotions related to Carmanah’s products;
(h) to develop, deliver, and improve Carmanah’s products and advertising;
(i) to send you information regarding Carmanah’s announcements, news, and updates that may be of interest to you;
(j) to prevent unwanted messages or content;
(k) to prevent malicious activity and provide you with a secure experience.
Carmanah may use personal information to create non-personal information which may then be used, disclosed, transferred and retained for other purposes such as analyzing statistics, assessing our client usage of our networks and facilities, quality assurance, and to help us plan our business activities.
4. How Carmanah Discloses Personal Information
(a) Suppliers, Distributors and Service Providers:
Carmanah may disclose or transfer your personal information to its approved suppliers, distributors, and service providers to assist Carmanah in the provision of products and services to you, to provide products and services to Carmanah, to perform work on behalf of Carmanah using your personal information, or as otherwise permitted by applicable law.
Carmanah requires its approved suppliers, distributors, and service providers to agree to use your personal information only for the purposes for which the information is provided to them, and to protect the privacy of your personal information in a manner that is consistent with this Privacy Statement. Regardless of the steps taken by Carmanah to protect personal information in the custody of third parties, personal information that is used, processed, or stored in a foreign country may be accessible to law enforcement, courts, regulatory agencies and national security authorities of that jurisdiction.
(b) Carmanah Business Transactions:
Carmanah may disclose your personal information in connection with a proposed or actual business transaction in which Carmanah is involved (such as a corporate reorganization, merger or acquisition, or the sale of some or all of Carmanah’s business or assets), but Carmanah will require that the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Statement and applicable law.
(c) Law Enforcement/Legal Disclosures:
Your personal information may be subject to collection by and disclosure to law enforcement agencies in accordance with applicable law. Carmanah may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order, or litigation disclosure obligations. Carmanah may disclose your personal information to law enforcement authorities or other organizations if Carmanah reasonably believes the disclosure is necessary or appropriate to protect and enforce Carmanah’s legal rights, interests and remedies or to protect the business, operations or customers of Carmanah or other persons. Carmanah has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom Carmanah discloses the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Statement.
5. Location & Processing of Personal Information
Carmanah may process, store and use your personal information at facilities in various countries, including Canada and the United States of America. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information. By providing Carmanah with your personal information, you consent to the transfer of your personal information to facilities located in other countries and the processing and storage of your personal information at those facilities.
6. Retention and Protection of Personal Information
Carmanah retains your personal information for the period reasonably necessary for the purposes described in this Privacy Statement or a longer period required or permitted by applicable law. Carmanah will delete or dispose of your personal information when Carmanah is no longer reasonably required to keep the information for the purposes described in this Privacy Statement.
Carmanah employs reasonable safeguards – including administrative, physical and technical security and safeguarding measures and solutions – appropriate to the sensitivity of the personal information in Carmanah’s possession or under Carmanah’s control in order to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. To process transactions from our website, we use Secure Socket Layer (SSL) technology and encryption.
Nevertheless, security risks cannot be eliminated and Carmanah cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Privacy Statement.
7. Accuracy and Access to Personal Information
Carmanah will rely on you to ensure that your personal information is as accurate, complete and up to date as necessary for the purposes of the products and services that Carmanah provides to you. You will promptly notify Carmanah of any relevant changes to your personal information using the procedures provided on Carmanah’s website or by contacting a Carmanah representative.
You may request access to your personal information and information about Carmanah’s collection, use, disclosure, retention and deletion of your personal information by submitting a written request to Carmanah’s Privacy Officer using the contact information above. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have it amended as appropriate. You may be required to pay a reasonable fee for access to your personal information.
8. Non-Personal Information
Carmanah creates or collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise anonymized so that it no longer relates to an identifiable individual. Carmanah may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever.
If non-personal information is combined with personal information, then the non-personal information will be treated as personal information for the purposes of this Privacy Statement.
9. Your State Rights
- Shine the Light law. Pursuant to California Civil Code Section 1798.83, we will not disclose or share your personal information with third parties for the purposes of third-party marketing to you without your prior consent.
- Do Not Track Signals. Other than as disclosed in this Policy, the website tracks users over time and across third-party websites to provide targeted advertising through Google Remarketing. Therefore, the website may or may not operate any differently when it receives Do Not Track (“DNT”) signals from your internet web browser. For more information on Google Remarketing, please visit https://ads.google.com/intl/en_uk/home/resources/retargeting-ads/.
- WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION. If we ever decide to “sell” or “share” Personal Information, as those terms are defined under the California Consumer Privacy Act of 2018, we will update you via this Policy and include a link entitled “Do Not Sell or Share My Personal Information,” to provide you with an opportunity to opt out of the selling or sharing of your Personal Information.
Your Consumer Rights.
The European Union, as well as some states in the United States provide consumers with additional rights with respect to their personal information (also known as “Personal Data” or “Personal Information”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018 (the “CCPA”) as amended by the California Privacy Rights Act, the Colorado Privacy Act (“CPA”) and the Virginia Consumer Data Protection Act (“VCDPA”). Any personal information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you reside in a state that provides additional rights with respect to your personal information, you may exercise each of your rights as identified below, subject to our verification of your identity.
A. Access. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
B. Correction. You can correct what personal data our website database currently contains by accessing your account directly, or by contacting us to request that we correct or rectify any personal data that you have provided to us.
C. Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
D. Portability. Upon request and when possible, we can provide you with copies of your Personal Information. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
E. Deletion. You have the right to request that we delete any of your Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Where applicable, we will ensure such changes are shared with trusted third parties.
F. Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for Targeted Advertising, or use your Personal Information for profiling. Where applicable, we will ensure such changes are shared with trusted third parties.
G. Non-Discrimination. If a data subject exercises his or her rights under applicable state law, including but not limited to the CCPA, CPA, and VCDPA, we shall not discriminate against that data subject by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
H. Exercising your rights. If you are a data subject that has rights under applicable state law, including but not limited to the CCPA, CPA, and VCDPA, who chooses to exercise the rights listed above, you can:
- Submit a request via email at firstname.lastname@example.org or
- Call us at 1-877-722-8877 to submit your request.
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.
Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within thirty or forty-five days (whichever is longer under applicable state law). If we require more time, we will inform you of the reason and extension period in writing.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
10. Other Matters
(a) Business Contact Information: To the extent permitted by applicable law, the provisions of this Privacy Statement concerning personal information do not apply to information (such as your name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business.
(b) Website Terms and Conditions: The Terms and Conditions that you accept when you register for a Carmanah account contain important provisions, including provisions disclaiming, limiting or excluding Carmanah’s liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those terms and conditions applies to any dispute that may arise in relation to this Privacy Statement or Carmanah’s collection, use, disclosure, retention and deletion of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Statement.
(d) Former Users: If you cease using the Carmanah website, Carmanah may continue to use and disclose your personal information in accordance with this Privacy Statement, as amended from time to time.
(e) Unsubscribing to Newsletters and Messages: You may unsubscribe from Carmanah’s commercial electronic messages by using the applicable unsubscribe procedure included in those messages or by contacting Carmanah at email@example.com.
(f) English Language: You and Carmanah have each expressly requested and required that this Privacy Statement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Politique et tous les documents qui s’y rapportent soient rédigés en anglais.
(g) Changes to this Statement: Privacy laws are subject to change and Carmanah may change this Privacy Statement at its discretion from time to time, without any prior notice or liability to any person, by posting a new version of this Privacy Statement on Carmanah’s website. Carmanah’s collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Statement in effect at that time. Your continued dealings with Carmanah subsequent to any change to this Privacy Statement will signify your consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with the changed Privacy Statement. Accordingly, you should check the “Last Updated” date of this Privacy Statement (at the top of this Statement) and review any changes since the last version.
(h) Children: We do not intentionally seek to gather information from individuals under the age of eighteen (18). We do not target the website to minors, and would not expect them to be engaging with our website or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any personal information that we have collected about minors, we will take steps to securely remove it from our systems.