PRIVACY POLICY

Last Update: 02.05.25

CLAYBOURNE CO. (“Company”, “we”, “us”, and “our”) are committed to respecting and preserving the privacy of those who access and use this Website. This privacy policy (this “Privacy Policy”) governs the collection, use, and disclosure of personal information that you, the user of the Website (referred to herein as “you” and “your”), provide to us as you use the Website. By accessing or using the Website, you agree that you have read, understood, and agreed to be bound by this Privacy Policy. IF YOU DO NOT ACCEPT THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE.

As part of our regular review of all our policies and procedures, we may change this Privacy Policy from time to time without notice to you. The date on which this Privacy Policy was last updated will appear at the top of this page. You should periodically review this Privacy Policy so that you are aware of any changes which might affect you. Please also carefully read our Terms found here prior to using the Website. Any capitalized terms not otherwise defined in this Privacy Policy have the same meanings attributed to them in the Terms.

PRIVACY POLICY EFFECTIVE FOR CANADA

It is our policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes such legislation and/or an individual's right to privacy are different from one jurisdiction to another. The Website is only intended for use by residents of Canada. Therefore, this Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions.

WHAT INFORMATION DO WE COLLECT?

We collect and use several types of Information from and about you including:

  • Personal information; For the purposes of this Privacy Policy, “Personal Information” means any information about an identifiable individual, as may be defined or limited under applicable privacy legislation. The Personal Information we collect includes information that we can reasonably use to identify you, including contact and identification information, such as your name, email address, date of birth.

  • Non-Identifiable information; For the purposes of this Privacy Policy, “Non-Identifiable Information” means anonymous or de-identified data that is not associated with a particular individual. It also includes information about a business or business contact information. For clarity, Personal Information excludes Non-Identifiable Information. The Non-identifiable Information we collect includes:

  • Non-personal information; such as statistical or aggregated data. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website feature.

  • Technical information; including your device type, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.

  • Non-personal details about your site interactions; including the full URLs, clickstream to, through and from our Website (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

  • Business contact information; such as the name of the store where you work, the store’s address, the store’s telephone number, and the store’s e-mail address.

Personal Information and Non-Identifiable Information are collectively referred to in this Privacy Policy as “Information”.

HOW DO WE COLLECT INFORMATION?

We only collect Information that we believe is reasonably necessary for a legitimate purpose, as further described below. We use different methods to collect your Information, including through:

  • Direct interactions with you when you provide it to us, such as when you fill in forms, or when you correspond with us through the Website, by email, or otherwise.

  • Automated technologies or interactions as you navigate our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies or other tracking technologies.

  • Third parties, such as our business partners, or publicly available sources.

The choice to provide us with Personal Information is yours. In certain cases, your decision to withhold Information may limit your ability to fully access and use Website. 

INFORMATION YOU PROVIDE TO US

The information we collect directly from you on or through our Website may include:

  • Information that you provide by filling in forms on our Website, or when you report a problem with our Website.

  • Records and copies of your correspondence (including email addresses) if you contact us.

INFORMATION WE COLLECT THROUGH COOKIES & OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use cookies or other automatic data collection technologies to collect certain Information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the content that you access and use on the Website.

  • Information about your device and internet connection, including your IP address, operating system, and browser type.

The Information we collect automatically is statistical data and does not include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns.

THE TECHNOLOGIES WE USE FOR THIS AUTOMATIC DATA COLLECTION MAY INCLUDE

  • Cookies. A cookie is a small file placed on the hard drive of your computer or on your smartphone. It may be possible refuse to accept cookies by activating the appropriate setting on your browser or your smartphone. However, if you select this setting you may be unable to access certain parts of our Website.

  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

USE OF YOUR INFORMATION

We will only use your Information for purposes identified in this Privacy Policy, or if required by law. The Information that we collect and store is primarily used for the following purposes:

  • to provide you with access to the Website;

  • to provide you with information relating to our Website;

  • to follow up on your comments and suggestions;

  • to fulfill 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 carry out our obligations and enforce our rights arising from any contracts with you, including to comply with legal requirements;

  • to notify you about changes to our Website, this Privacy Policy, or the Terms;

  • to improve our Website, products, services, marketing, or customer relationships and experiences;

  • to monitor and conduct an analysis of our Website traffic and usage patterns; 

  • to protect our rights and property; or

  • to lessen a serious threat to personal safety, health or security.

DISCLOSURE OF YOUR INFORMATION

We will not sell, share, trade or otherwise distribute your Personal Information to third parties, except in accordance with this Privacy Policy. However, we reserve the right to use and share Non-Identifiable Information without restriction.

We reserve the right to share any Information collected from you with our affiliates, or to transfer such Information to a successor entity or to an entity which purchases substantially all of the assets of the Company.

We sometimes contract with outside organizations to perform specialized services, such as hosting the Website. Our service providers may at times receive, process or handle some of your Information. Only the Information necessary to perform the services under the contract is given to the service provider. Under their contracts with us, our service providers may use such Information only to carry out the contracted service and must not store or use the Information for any other purpose. Our contracts with service providers require that they provide a level of protection for your Information that is comparable to our own.

WE MAY ALSO DISCLOSE INFORMATION

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law;

  • to enforce or apply our Terms and other agreements;

  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;

  • with your consent.

HOW IS YOUR PERSONAL INFORMATION PROTECTED?

The security of your Personal Information is important to us. The Company maintains physical, technical and procedural safeguards that are appropriate to the sensitivity of the Personal Information we collect in order to safeguard such Personal Information against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. Nonetheless, no method of transmitting or storing information is completely secure. Therefore, we cannot guarantee the security of your Personal Information sent to us via our Website, by email, or otherwise. Likewise, we cannot guarantee the security of your Personal Information stored on our system. The transmission and storage of such Personal Information is entirely at your own risk. 

RETENTION 

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

It is important that the Personal Information we hold about you is both accurate and current. If any of your Personal Information changes, is inaccurate, or is incomplete, please inform us by contacting us at the address provided below so that we can make any necessary changes. By law, you may have the right to access, verify, and amend the Personal Information that we hold about you.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

YOUR CONSENT IS IMPORTANT TO US

We may obtain your consent to our collection, use and disclosure of your Personal Information either expressly or impliedly, depending on the circumstances and the sensitivity of the Personal Information involved. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your Personal Information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your Personal Information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your Personal Information. If we plan to use or disclose your Personal Information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

You may change or withdraw your consent at any time, subject to legal or contractual obligations, by contacting our Privacy Officer using the contact information set out below. Please note, however, that changing or withdrawing your consent may affect our ability to provide you with access to the Website or certain features of the Website. We will explain the impact to you at the time to help you with your decision.

By providing us with Personal Information, you consent to the collection, use and disclosure of your Personal Information as explained in this Privacy Policy.


INTERPRETATION OF THIS PRIVACY POLICY

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 shall mean "including without limitation".

 This Privacy Policy does not create or confer upon any individual any rights, or impose upon the Company any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal privacy laws and its provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and any such laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

CONTACT INFORMATION

If you have any questions about this Privacy Policy, or if you wish to access or update your Personal Information or change any consent regarding our use or disclosure of your Personal Information, please contact us at the address set out below:

CLAYBOURNE CO. | C11-0001539-LIC | HIGH@CLAYBOURNECO.CA