PRIVACY AND PROTECTION OF PERSONAL INFORMATION POLICY

Effective: August 2014

The present Privacy and Protection of Personal Information Policy (hereinafter: « Privacy Policy ») establishes the practices of Bath Fitter® via its websites Bathfitter.com and info.bathfitter.com and any other eventual Bath Fitter website, including all of the websites of its regional corporate locations and franchisees (hereinafter « Bath Fitter®'s Websites ») for the collection, use or disclosure of personal information as part of its business relationship with you as a client/user (hereinafter « client/user »).

Bath Fitter® wishes to ensure that all of its clients/users are aware of its policy with regards to the collection, usage and storage of their personal or anonymous information.

IF YOU ARE A CLIENT/USER AND PROVIDE PERSONAL INFORMATION ON BATH FITTER®'S WEBSITES, YOU AGREE THAT YOUR PERSONAL INFORMATION BE HOSTED, TRANSFERRED AND STORED IN CHICAGO, ILLINOIS (USA), BRITISH COLUMBIA (CANADA) OR VIA CLOUD COMPUTING.

A - Personal information

Bath Fitter® collects personal information over the course of its business relationship with you as a client/user of Bath Fitter®'s Websites:

  • When ordering or acquiring parts and accessories or any other services from Bath Fitter®;
  • When you sign up to our mailing list (newsletter);
  • When you respond to a job offer;
  • When you send a comment or a question or otherwise contact our customer service via email or call our customer service directly;
  • When you use the function "Design your own bathroom" as it appears on Bath Fitter®'s Websites;
  • When you use the function "Free in-home consultation" as it appears on Bath Fitter®'s Websites;

The personal information Bath Fitter® collects in these situations is:

  • Your name;
  • Your preferred language of communication;
  • Your e-mail address;
  • Your postal address;
  • Your billing address;
  • Your shipping address;
  • Your phone number at home and / or office and / or cell phone, etc.

In general, Bath Fitter® uses your personal information to:

  • Process and fulfill your order, including to send you emails or contact you by telephone, mail or other means to confirm the status of your order or payment;
  • Process and fulfill your requests stemming from the "Design your own bathroom" and "Free in-home consultation" functions as they appear on the Bath Fitter®'s Websites, including to send you emails or contact you by telephone, mail or other means to confirm your requests made via these functions;
  • Inform you of changes to our conditions and our policies and/or for other administrative purposes;
  • Improve your shopping experience;
  • Protect the security and integrity of Bath Fitter®'s Websites, our company and our affiliates

B - Anonymous Information

Bath Fitter® collects anonymous information in the course of its business relationship with a client-user, information which does not identify the client/user. This type of information is principally used to analyze the usage of the Bath Fitter®'s Websites and the quality of the client/user experience. The anonymous information Bath Fitter® collects in these situations is:

  • The type of browser you are using;
  • Your IP address;
  • The pages viewed by the client/user;
  • The length of your visit to the site.

C - Client/User Account, Surveys and Contests and Tell a Friend

Bath Fitter® may request that the client/user provide additional personal information, regarding their customer account with Bath Fitter®, in order to provide some of the services on the Bath Fitter® Websites. This additional information may include, but is not limited to, existing account numbers, service preferences and so forth. This information will only be used within the context of your customer relationship with Bath Fitter® and to provide customer support which can include responding to your requests, customizing your experience on the Bath Fitter®'s Websites, communicating with you about your account, and providing you choices about how to view and manage the products and services that you receive from Bath Fitter®.

In the course of its business relationship with the client/user, Bath Fitter® may hold surveys and contests and offer the client/user to participate. For this reason, Bath Fitter® may occasionally request information from you via surveys or contests. Your participation in these surveys or contests is completely voluntary. The information that Bath Fitter® may request typically includes your contact details, and such information, if you choose to participate, will only be shared with the contest/survey sponsors to notify winners and award the contest prizes. Information obtained through surveys will usually be used to monitor and improve the content and performance of the Bath Fitter®'s Websites.

Bath Fitter® has also instituted a "Tell a friend" service by which the user/client can inform a friend of the services offered by Bath Fitter®. If you choose to use Bath Fitter®'s referral service to inform a friend about Bath Fitter®'s Websites, products or services, Bath Fitter® will request that you send the name of your friend and their email address. Bath Fitter® will only transmit a one-time email to the person referred inviting them to visit the Bath Fitter®'s Websites. Bath Fitter® will store the name and e-mail of the person in order to send the initial email message and track the success of its referral program. The person referred can contact Bath Fitter® at privacy@bathfitter.com at any time to have their information removed from our database.

D - Disclosure to Third Parties

It is Bath Fitter®'s policy not to disclose any personal information to third parties, unless required by law, legal process and litigation. Unless the client/user specifically authorizes Bath Fitter® to send personal information, Bath Fitter® will not disclose, sell or rent to any third party or organization any personal information that the client/user may provide during their business relationship with Bath Fitter®.

Bath Fitter® also limits access to the client/user's personal information only to employees of certain departments (ex: technical support, finance) who need to know for the purposes of their functions. It may happen that Bath Fitter® makes use of external service providers to offer superior service in specific areas and that some of the client/user's personal information may be accessed by these providers. In this case, confidentiality agreements are signed between Bath Fitter® and those providers in order to ensure that the client/user's personal information is used in a manner consistent with this Policy and any applicable law, rule or regulation.

However, in the case of a corporate reorganization, merger, sale of business, transfer or other disposition of all or part of the assets or shares of Bath Fitter® (including the proceedings of bankruptcy or insolvency), personal information about our customers and other data as described in this Privacy and Protection of Personal Information Policy are part of the transferred assets and may be shared with the other parties to the transaction.

E - Use of cookies, web beacons and pixel tags

Bath Fitter® uses these technologies to help the company better understand user behavior, inform us as to the different parts of our website users have visited, and facilitate and measure the effectiveness of advertisements and web searches.

Bath Fitter® uses cookie technology (cookies) to help clients/users to navigate faster on Bath Fitter®'s Websites and allows the company to monitor and improve website usage and performance. A cookie is a string of information that is sent by a website and stored on the hard drive or temporarily in the memory of a computer. The use of cookies is a common practice in the industry and several well-known browsers are initially set to accept them.

When a client/user logs on a Bath Fitter®'s Website, Bath Fitter® downloads a cookie on the computer of the client-user. The Bath Fitter's Website collects information that may identify you, including, but not limited to, your name, address, e-mail address, telephone numbers and IP address.

Our web servers collect monitoring and general information from your visits on the Bath Fitter®'s Websites. We collect these statistics to determine the number of daily visitors to our site, the types of browsers used by clients-users, the client-user's domain names and countries of origin. This data allows us to personalize the Bath Fitter®'s Websites to better meet your online needs and provide you the best service possible.

You can reconfigure your browser to refuse to accept cookies or to alert you when a cookie is installed on your computer. Note that by not accepting cookies, you may not be able to use certain features of the Bath Fitter®'s Websites.

Bath Fitter® also uses web beacons and pixel tags to collect information about the client/user's web browsing activities to help Bath Fitter® determine if a particular webpage on the Bath Fitter®'s Websites has been visited and how many times. This information permits Bath Fitter® or third parties to deliver interest-based advertisements, measure the overall effectiveness of our online advertising, and to customize the services offered to the Site's client/users. Bath Fitter® does not link the information collected by these technologies to the client/user's personally identifiable information.

Web beacons and pixel tags allow third parties to obtain client/user information on their website use such as the IP address of the computer which accessed the web page, the URL of the accessed page, the time it was accessed by the client/user and the type of browser used. Bath Fitter® also uses third party web beacons to help manage online advertising which may be provided by ad management partners of Bath Fitter®. These web beacon files enable ad management partners of Bath Fitter® to recognize a unique cookie on your web browser, which in turn enables Bath Fitter® to learn which advertisements bring clients/users to the web site.

With cookies, web beacon and pixel tag technologies, the information collected IS NOT PERSONALLY IDENTIFIABLE INFORMATION. It is only anonymous information.

F - Storage & Security

All personal information you provide to Bath Fitter® is either stored on secure servers with restricted access or, if this information is stored via cloud computing, the cloud data is stored in encrypted form including when we utilize third party storage. If you decide to voluntarily provide us with your personal information, the client/user consents to the transfer and storage of personal data on our servers located in Chicago, Illinois (USA), British Columbia (Canada) and via cloud computing.

Bath Fitter® takes reasonable technical means to ensure a safe environment and protect user data.

HOWEVER, GIVEN THE PUBLIC NATURE OF THE INTERNET NETWORK, CLIENT/USER ACKNOWLEDGES AND AGREES THAT THE SECURITY OF COMMUNICATIONS THROUGH THE INTERNET CANNOT BE GUARANTEED. THEREFORE, BATH FITTER® CANNOT GUARANTEE NOR SHALL BEAR ANY LIABILITY FOR ANY BREACH OF CONFIDENTIALITY, HACKING, VIRUSES, LOSS, THEFT OR ALTERATION OF INFORMATION TRANSMITTED OR HOSTED ON BATH FITTER®'S SYSTEMS OR VIA CLOUD COMPUTING.

G - Storage

Bath Fitter® retains the client/user's personal information only as long as necessary or relevant for the identified purposes or as required by law. At expiration, Bath Fitter® will close the client/user's customer account. Despite the closure of the account, we reserve the right to hold for an indefinite period, within the limits prescribed by applicable laws, rules or regulations, certain personal information to be in compliance with the law, prevent fraud, collect fees owed, resolve complaints or other problems related to them, cooperate with an investigation and any other act permitted by law.

Upon expiry of this period, the data files will be destroyed or deleted from Bath Fitter®'s systems.

H - Inquiries or complaints

For any question, complaint or update on your personal information or regarding Bath Fitter®'s Privacy Policy and protection of personal information, do not hesitate to contact us at 1 800 764 5539 or by email at info@bathfitter.com.

I - References by hyperlinks

To facilitate the navigation, Bath Fitter®'s Websites may contain links to other sites. The privacy policies of these other websites ARE NOT GOVERNED BY THE PRESENT PRIVACY POLICY.

Bath Fitter® is not responsible for the content of or the privacy policies governing other websites. Bath Fitter® IS NOT RESPONSIBLE FOR THE PRACTICES, ACTS OR POLICIES OF SUCH THIRD PARTIES WITH RESPECT TO THE PROTECTION OF PERSONAL INFORMATION. As such, Bath Fitter® recommends that its client/user carefully read the Privacy Policies on the protection of personal information found on these sites in order to ascertain if you want to visit and use.

J - Modification

Bath Fitter® reserves the right to modify this Privacy Policy at any time. Bath Fitter® will inform the client/user of any change to this Privacy Policy via the Bath Fitter®'s Websites, and make the client/user specifically aware of any changes to the Policy regarding the collection, use and disclosure of information collected by Bath Fitter®.

Any modifications to the Privacy Policy will be made in accordance with the laws applicable in the province of Quebec, Canada for the protection of personal information.

K - Governing Law and Jurisdiction

This Privacy Policy and the protection of personal information are governed by the laws of the province of Quebec and the laws of Canada applicable therein, and shall be construed in accordance with these laws. The client/user irrevocably consents, to the exclusion of any other possible court or jurisdiction, that any dispute relating to this Privacy Policy and protection of personal information must be submitted to a competent court in the judicial district of Montreal, province of Quebec, Canada.

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