The protection of Personal Information is of particular importance to Simplex location d'outils Inc., its subsidiaries, and affiliated companies (hereinafter referred to as "Simplex").
This Policy applies to Simplex.
This Policy applies to Simplex's activities in Quebec, including activities on the site.
This Policy applies to Personal Information that Simplex, or its suppliers on behalf of Simplex, collects, uses, or discloses about its customerss.
This Policy applies to the management of Personal Information in verbal, written, or electronic form.
This Policy does not cover the Collection, use, or disclosure of personal information that is publicly available and that Simplex has obtained without the use of special means, such as:
- All publicly available personal information, such as a customer's name, address, and phone number, when such information is listed in a directory or available through any directory services, including on the internet; or
- Any other publicly available personal information.
The application of this Policy is governed by the requirements of the Quebec law entitled " Private Sector Personal Information Protection Act" and its related regulations. This Policy also complies with the requirements of the Canadian law entitled "Personal Information Protection and Electronic Documents Act.
- « Customer » means an individual who (i) purchases or orders products or services from a store bearing one of Simplex's banners or on the Site, (ii) corresponds with Simplex, (iii) participates in an advertising contest organized by Simplex, (iv) is a member of any program, application, or website offered by Simplex, or (v) accesses any other customer service offered by Simplex.
- « Collection » means the action of collecting, acquiring, or obtaining Personal Information in any way and by any means, including from Third Parties.
- « Consent » means freely given agreement to the Collection, Use, and/or Disclosure of Personal Information for purposes determined by Simplex. Consent may be explicit or implicit and may be given directly by the Client or by an authorized agent. Explicit consent may be given verbally, electronically, or in writing. However, it must always be unambiguous. Implicit consent refers to consent that can reasonably be inferred from an act or omission by a person.
- « Disclosure » means the action of disclosing Personal Information to a Third Party.
- « Personal Information » means any information about an individual that can be used to identify them, including their name, address, email address, date of birth, or credit data.
- « Personal Information Protection Officer » means one or more individuals at Simplex responsible for ensuring compliance with and application of this Policy.
- « Site » means activities on the transactional site, social media, mobile applications, and other platforms owned by Simplex.
- « Third Parties » means a person other than a customer, whether Simplex or an agent of Simplex.
- « Use » means the processing, handling, and management of Personal Information by Simplex.
1 - Responsibility
Simplex is responsible for the personal information it holds and must designate a personal information protection officer who will ensure compliance with the principles set out in this policy.
1.1 The personal information protection officer is responsible for ensuring compliance with and application of this Policy. Other employees of Simplex may also be designated to assist the personal information protection officer or to handle the day-to-day activities of collection, use, or disclosure, and processing of personal information.
1.2 Simplex will provide, upon request, the name of the personal information protection officer, whose contact information is provided below.
1.3 Simplex is responsible for the personal information in its possession or under its custody, including personal information entrusted to a third party for processing purposes.
1.4 Simplex has developed various guidelines and practices to provide practical implementation of this Policy, including:
- Implementation of procedures to protect personal information and ensure compliance with this Policy;
- Implementation of procedures for receiving and processing inquiries or complaints;
- Providing information and training to employees on personal information protection matters.
2 - Determination of the purposes of personal information collection
Simplex must determine the purposes for which personal information is collected before or during any Collection.
2.1 Simplex collects personal information for the following purposes:
- Allow the registration and participation of customers in programs, applications, site, websites, services, activities, advertising contests, surveys, online purchases, and newsletters offered by Simplex or any other program offered by Simplex or one of its partners, enable the delivery of special offers and targeted benefits, the organization of promotional activities, and communication with winners of advertising contests, the design, improvement, and marketing of products and services, the improvement of the in-store offering (including marketing studies and surveys, if applicable), customization of your browsing on the site according to your preferences, and offering personalized services, products, promotions, and advertising, as well as verifying the identity of members;
- Establish and maintain business relationships with customers and ensure the execution of services;
- Understand the needs and preferences of customers;
- Recommend specific products and services to customers that meet their needs;
- Design, improve, market, or provide products and services that meet the needs of customers;
- Operate its commercial business;
- Comply with applicable legislative requirements;
- Handle complaints;
- Communicate with customers; and/or
- Ensure the safety of customers, its employees, and third parties.
2.2 Simplex commits to making its best efforts, in the context of any collection, to inform any customer, through electronic, verbal, or written means, of the purposes surrounding said collection of personal information. Upon request, individuals collecting personal information must explain the purposes surrounding the collection or indicate to any customer which department to contact to obtain the desired information.
2.3 Subject to any legislative provisions to the contrary, Simplex will not use or disclose for a new purpose personal information already collected until it has first defined and documented this new purpose and obtained the consent of the concerned customer.
2.4 Telephone calls processed by Simplex may be recorded and listened to for quality control purposes. Closed-circuit security cameras are used in Simplex's stores and offices to ensure the safety of customers, Simplex employees, and third parties.
3 - Consent to the Collection, Use, or Disclosure of Personal Information
The Customer must be informed and must consent to any collection, use, or disclosure of personal information concerning them, unless the law does not require it. In certain circumstances provided by law, it is possible to collect, use, or disclose Personal Information without formally notifying the Customer and without the Customer having to give their Consent. Simplex may at any time avail itself of all exceptions provided by applicable laws that exempt it from notifying or obtaining the Consent of individuals concerned by the Collection, Use, or Disclosure.
3.1 For example, Simplex may decide to collect, use, or disclose personal information concerning a customer without notifying them or without their consent:
- If it is clearly in the customer's interest, and it is impossible to obtain their consent in a timely manner, for example, when a customer has forgotten their credit card in the store;
- If requesting the consent of the customer may go against the purpose of the collection, for example, in the case of an investigation into a violation of a federal or provincial law or in the context of a breach of a contractual obligation;
- In case of an emergency when the life, health, or safety of a person is threatened;
- To disclose them to a advisor representing the interests of Simplex, to collect a debt; or
- To comply with a subpoena, warrant, or any other court order or when required by law.
3.2 Simplex will make reasonable efforts to ensure that the customer is adequately informed of the purposes for which the personal information will be used or disclosed at the time when the customer gives their consent to the Collection. These purposes will be clearly stated so that the customer can understand them.
3.3 Generally, Simplex will obtain the customer's consent at the time of collecting and disclosing personal information concerning them. However, Simplex may obtain this consent after the collection of personal information, but must always obtain the customer's consent before using or disclosing it for a new purpose.
3.4 It is understood in the context of this Policy that the purchase of products or the use of services, including the site, and/or any other program by a customer constitutes implicit consent to the collection, use, and disclosure of relevant personal information for the purposes determined by Simplex.
3.5 A Customer may withdraw their consent at any time, subject to restrictions provided by law or any contract, within a reasonable time frame. The customer can contact Simplex for more information about the consequences of such withdrawal.
4 - Limit on the collection of personal information
Simplex may only collect personal information that is necessary for the purposes determined. Simplex must act honestly and lawfully in the execution of any collection. Simplex may also collect personal information from other sources, including credit assessment agencies, if necessary for processing the customer's request.
5 - Limit on the use, disclosure, and retention of personal information
Simplex must not use or disclose personal information for purposes other than those for which it was collected, unless the customer consents or the law allows it. Simplex must retain personal information only for the period necessary to achieve the purposes for which it was collected.
5.1 Simplex may also disclose personal information to:
- A person who, according to Simplex, acting reasonably, requests personal information as a representative or agent of the customer;
- A third party who collaborates with Simplex as an agent, subcontractor, supplier, or partner of Simplex in performing various tasks;
- One or more third parties, when the customer consents to the disclosure or when disclosure is required by law.
5.2 Generally, personal information is retained by Simplex in Canada. In some cases, personal information collected by Simplex may be stored and processed in countries other than Canada for the purpose of providing services and may therefore be subject to the jurisdiction of those countries.
5.3 Only individuals authorized by Simplex and whose functions require it have access to personal information.
5.4 Simplex retains personal information only for the period necessary or useful for the purposes determined or as required by law. In the case of a request for access to information under this Policy, Simplex will retain either the personal information or an explanation of the reasons for the decision made for a sufficient period to allow the customer to access this personal information or these reasons.
5.5 Simplex will establish control measures, schedules, and practices regarding the retention and destruction or depersonalization of personal information and records when they are no longer required for the determined purposes or are no longer required by law.
6 - Accuracy of personal information
Personal information must be as accurate, complete, and up-to-date as possible.
6.1 Personal information used by Simplex must be as accurate, complete, and up-to-date as possible to reduce the possibility of incorrect personal information being used.
6.2 Simplex will update personal information only when necessary to meet the specified purposes or upon notice from the customer.
6.3 The customer is responsible for updating their personal information by contacting Simplex promptly after any changes.
7 - Security Measures
Simplex will take reasonable measures to protect personal information and use security measures that correspond to their degree of sensitivity.
7.1 Simplex will take reasonable measures to protect personal information against loss or theft, unauthorized consultation, disclosure, copying, use, modification, or unauthorized destruction.
7.2 Simplex will take reasonable measures to protect personal information disclosed to third parties under contractual agreements that specify the confidential nature of such information and the purposes for which it is intended.
7.3 All individuals authorized by Simplex who have access to personal information must respect its confidentiality.
7.4 Simplex understands the importance of protecting personal information and uses internet security protocols to protect personal information collected via the internet. However, customers should be aware that the Internet is not a secure means of communication. Therefore, Simplex makes no representations or warranties regarding the absolute security of personal information provided to it via the internet. customers acknowledge that they provide this personal information to Simplex at their own risk.
7.5 Additionally, Simplex is not responsible for the personal information protection practices of other websites that are not owned or controlled by Simplex but are accessible through links or hyperlinks from Simplex's websites. Your use of these third-party websites is subject to the terms and conditions of those websites.
8 - Transparency of policies and practices
Simplex must ensure that anyone has easy access to accurate information about the management of personal information by Simplex.
Simplex must facilitate the understanding of this Policy, including making the following information available upon request:
- The name of the responsible for the protection of personal information, whose contact information is provided below.
- The procedure for accessing personal information.
- A description of the type of personal information retained by Simplex, including a general explanation of the use to which it is intended.
9 - Access to personal information
Simplex must inform the customer who requests it of the existence of personal information concerning them, its use, and the fact that it has been disclosed to third parties. Simplex must also allow them to access it.
The customer may challenge the accuracy and completeness of personal information and make any requests for appropriate corrections.
9.1 Upon request, Simplex will allow the customer to access the personal information in their file. The personal information must be provided or made accessible in an understandable manner within a reasonable time for the customer.
9.2 In certain circumstances, Simplex may refuse all or part of the access to personal information requested by a customer if:
- It risks revealing personal information about a third party or likely endangers the life or safety of another person.
- The disclosure of this personal information would reveal confidential or strategic business information for Simplex.
- The personal information is protected by confidentiality obligation.
- The personal information was obtained as a result of a dispute settlement process.
- The personal information was obtained as a result of an examination of a contractual default, a current or potential dispute, or a violation of the law.
Upon request, Simplex will provide reasons for its refusal to grant access to personal information.
9.3 Upon request, Simplex will inform the customer about the use and disclosure of personal information and, when available, will indicate the source of the information. Regarding the provision of a disclosure statement of personal information, Simplex will provide a list of organizations to which it may have disclosed personal information about the customer when it is unable to provide an exact list.
9.4 To ensure the protection of personal information, Simplex may require the customer to provide a written request accompanied by the necessary identification information so that Simplex can report the existence, use, and disclosure of personal information and authorize access to the customer's file.
9.5 Simplex will promptly correct or complete any personal information found to be inaccurate or incomplete when notified. Any dispute regarding the accuracy or completeness of personal information must be recorded in the customer's file.
9.6 A customer can obtain all or part of their personal information by contacting the responsible for the protection of personal information at the contact information provided below.
10 – Right to complain about non-compliance with principles
Any individual must have the ability to file a complaint regarding the non-compliance with the principles outlined above by contacting the responsible for the protection of personal information.
10.1 Simplex must establish mechanisms to receive and address all complaints and inquiries concerning this Policy.
10.2 Simplex must inform any person who requests it about the existence of complaint mechanisms and how to file a complaint.
10.3 The responsible for the protection of personal information is responsible for implementing this Policy and may seek advice from any person, at their sole discretion, before making a final response to any complaint.
10.4 Simplex must investigate all complaints related to compliance with this Policy. If a complaint is found to be valid, Simplex will take appropriate measures, including modifying this Policy and its practices, if necessary and justified. The customer will be informed of the outcome of the steps taken in response to their complaint.
D. Amendment of this Policy
This Policy may be amended at any time at the sole discretion of Simplex without prior notice.
E. Questions or concerns about the protection of your personal information?
Any comments, questions, concerns, or complaints regarding your personal information, this Policy, or our practices related to the protection of personal information should be directed to the responsible for the protection of personal information of Simplex Location d'outils Inc. at the following contact information:
SIMPLEX LOCATION D’OUTILS Inc.
Attention Responsable de la protection des renseignements personnels
9740 Boul. de l’Acadie
By email: firstname.lastname@example.org
The responsible for the protection of personal information will attempt to respond to each of your written requests within thirty (30) days of such requests. If unable to meet this deadline, they will inform you of the new timeframe required under the circumstances.
If the responsible for the protection of personal information is unable to respond to your satisfaction to your request, a mediation process may be used to resolve the dispute. Mediation is a method of resolving disputes. If the parties wish to submit the dispute to mediation, they will then appoint a mediator to assist them in finding an acceptable solution.
If you remain dissatisfied, you may refer the matter to the Access to Information Commission of Quebec if you are a resident of Quebec, or to the Office of the Privacy Commissioner of Canada if you are a resident of the provinces of Ontario and New Brunswick.
Last Updates August 15, 2023.