Data Protection Information of BayWa r.e. Solar Systems Inc.

Last updated: December 2019

Definition

“Personal Information” means information about an identifiable individual. Personal Information does not include information that cannot be attributed to an identifiable individual, such as information of an aggregate or anonymous nature.

Compliance

BayWa r.e. Solar Systems Inc. (“we” and “us”) complies with the Personal Information Protection Act (Alberta), Personal Information Protection and Electronic Documents Act (Canada), and other Canadian private sector legislation (as applicable), in order to protect your privacy.

Purpose and Consent 

We may ask for and collect Personal Information from you. We will only collect, use, and disclose the Personal Information that we need in order to provide our goods and services, which are detailed on the website https://www.baywa-re.com/ (the “Website”).

We will only collect, use, disclose, and store your Personal Information after obtaining your consent, except where otherwise permitted or required by law. We will obtain your express consent prior to or when collecting, using, or disclosing your Personal Information for any purpose not described in this Privacy Policy, or for a purpose that was not identified to you nor reasonably expected at the time of collection, unless we are required by law not to obtain your consent. 

You may withdraw your consent at any time (subject to reasonable notice), unless the Personal Information is necessary for us to fulfill our legal requirements. To withdraw consent, contact our Privacy Officer (see the last page of this Privacy Policy) in writing and advise us of the Personal Information you no longer wish us to use.

We will limit the collection, use, and disclosure of your Personal Information to only that which is necessary for the purposes identified, unless you have otherwise consented, or when it is required by law.

You may choose not to provide us with any of your Personal Information; however, if you make this choice, we may not be able to provide you with goods or services that you have requested that we provide to you.

Collection, Use, and Disclosure

The type of Personal Information we collect and maintain may include: 

  • first and last names    
  • address    
  • email address
  • telephone number
  • fax number    
  • professional certifications held
  • bank details
  • image data (e.g. from video monitoring systems and photos taken at public events)
  • company name
  • tax identification number
  • name of contact person 

We will only use and disclose your Personal Information to fulfill the purposes for which it was collected and in accordance with this Privacy Policy, unless otherwise consented by you in advance, or as may be permitted or required by law.

We use Personal Information for certain legitimate business purposes, which include: 

  • enhancing, modifying, personalizing or otherwise improving our goods and services for the benefit of our customers;
  • providing you with information about us or about our goods and services (such as emailing you our newsletter);
  • creating and managing your customer or supplier account;
  • the sale and distribution of our goods and services including obtaining payment for the goods and services that you request;
  • procurement and logistics purposes;
  • supplier and customer management and analysis;
  • enhancing the security and performance of our Website and related systems; and
  • the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose.

All of our service providers and contractors are contractually obliged to employ appropriate data security measures with respect to your Personal Information and to collect/use/disclose it only within the scope required for the provision of goods/services. The contractors we commission will receive your Personal Information if required to perform their respective services. These include, for example, IT service providers that we need to operate and safeguard our IT system.

The following are particular circumstances in which we may disclose your Personal Information without obtaining your further consent. By providing your Personal Information to us, you consent to the following disclosures:

  • to our employees or independent contractors who need access to it as part of their job functions to provide to you the goods or services you have requested;
  • to BayWa Group companies (an overview of the BayWa Group companies can be found under the following link: www.baywa.com/en/group/at_a_glance/group_companies/) participating in our customer database;
  • to our payment processor, if you make a credit card payment;
  • to our manufacturers, if an offer is made or sold via manufacturer portals; 
  • to credit agencies (e.g. Euler Hermes, billing address of 1155, boul. Rene-Levesque Ouest, bureau 2810  Montreal, QC  H3B 2L2) for the purpose of entering into and fulfilling contracts and to obtain credit information as needed;
  • to insurance companies, banks, and service providers for the purpose of entering into and fulfilling contracts;
  • to other parties where we are under a duty to disclose your Personal Information in order to comply with any applicable legal obligation including a regulatory process, or an order of a government institution, investigative body, regulatory body or judicial authority of competent jurisdiction;
  • where we believe in good faith that disclosure is necessary:
    • to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies or investigative bodies in that regard; 
    • to collect a debt owed to us or to repay any money owed to you;
    • to investigate and defend us from and against any third party claims or allegations;
    • to protect the security or integrity of our services;  and/or 
    • to exercise or protect the rights, property or our personal safety, and that of our clients and users, employees, independent contractors, or others;
  • where we transfer or are considering transferring control of any or all of our assets, operations or services to a third party acquirer of all or substantially all of our assets, including our rights and obligations relating to our services, to a third party. The third party may continue to retain and use the Personal Information that you provided to us. We will act in a reasonable manner, including by contractual or other means, to ensure that the third party agrees to similarly be bound by this Privacy Policy or a privacy policy that provides substantially similar measures to those employed by us to protect the privacy and security of your Personal Information and to similarly comply with applicable privacy legislation with respect to your Personal Information, but we cannot guarantee such latter compliance by the third party acquirer; and
  • where we merge or amalgamate with a third party, the amalgamated entity may continue to use and disclose your Personal Information. We will attempt to ensure that the amalgamated entity agrees to similarly be bound by this Privacy Policy or a privacy policy that provides substantially similar measures to those employed by us to protect the privacy of your Personal Information and to similarly comply with applicable privacy legislation with respect to your Personal Information, but we cannot guarantee the amalgamated entity’s compliance.

Protection and Retention

We have taken industry standard measures to ensure the security and confidentiality of your Personal Information. We will only retain your Personal Information for the period of time reasonably required to fulfill the purposes for which it was collected.  With respect to video monitoring, such Personal Information is deleted no later than thirty (30) days after collection.

Access and Updates

On your reasonable written request, we will provide you, not later than thirty (30) days from our receipt of your request, or such additional time as required by law, with access to or information about your Personal Information (if any) under our custody or control, and the names of persons to whom, and any circumstances in which, your Personal Information has been and is being disclosed by us. You must provide sufficient information in your request to allow us to verify your identity and identify the information you are seeking.

If you request a copy of your Personal Information and the Personal Information can reasonably be reproduced, we will provide you with a copy of the record or the part of the record containing the requested Personal Information or, if applicable, we will give you reasons for any delay in providing a copy of the requested Personal Information or record. If the requested record cannot reasonably be reproduced, we will permit you to examine or access the record or part of the record in accordance with this Privacy Policy.  

All requests may be subject to minimal costs.

We reserve all rights not to disclose Personal Information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where:

  • the disclosure would reveal Personal Information about another individual; 
  • the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual;
  • the Personal Information is protected by any legal privilege;
  • the disclosure of the Personal Information would reveal confidential commercial information; or
  • the Personal Information was collected by us for an investigation relating to a breach of an agreement or a contravention of the laws of Canada or a province.

If access to your Personal Information is refused, in whole or in part, we will provide you with the reasons for the refusal, the provision of applicable privacy legislation on which the refusal is based, and the contact information of the Privacy Officer who can answer your questions about the refusal, and will inform you that you may ask for a review of the refusal in accordance with applicable privacy legislation.

On your request, we will make every reasonable effort to correct outdated Personal Information, or errors or omissions in your Personal Information where that Personal Information is in our custody or control. Such request must be in writing, signed by the requestor, and include sufficient detail to enable us to identify any record in our custody or control containing the Personal Information in relation to the request. We will, as soon as reasonably possible and not later than thirty (30) days from our receipt of your request, or within such additional time as permitted or required by law, either correct the Personal Information and, if applicable and reasonable to do so, send correction notifications to any third party to whom we disclosed the incorrect Personal Information, or decide not to correct the Personal Information, but we will annotate the Personal Information under our control to indicate that a correction was requested but not made. We will inform you of the action that we have taken in response to your request for correction, the contact information of the Privacy Officer who can answer your questions about your request for correction, and that you may ask for a review of the action taken in accordance with applicable privacy legislation.

Cookies and Analytics

Our Website may use cookies. These are small text files that are stored on your device by the browser. We use cookies to make our website user-friendly. Some cookies remain stored on your device until you delete them and make it easier for us to recognise your browser when you next visit us. If this is against your preference, you can set your browser so that it informs you when cookies are set and only allows this in individual cases. However, deactivating cookies may limit the functionality of our Website.

The Website uses analytical tools to collect general information about the usage behaviour of visitors. This includes, for example, pages accessed, length of stay, referring pages as well as general information about your computer system such as operating system, screen resolution, browser used, etc. All Personal Information collected is stored anonymously and cannot be traced back to you individually. If you do not agree to have your usage behaviour recorded anonymously, you can prevent this by deactivating cookies in your browser.

The Website also uses Google Analytics, an internet analysis service from Google. Google Analytics uses cookies. The information generated by the cookies about your use of the Website (including your IP address) is transmitted to a Google server in the U.S.A and stored there. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on the Website’s activity for website operators and providing other services relating to the Website’s activity and usage. Google may also transfer this information to third parties.

You may install the following browser add-on to disable Google Analytics (https://tools.google.com/dlpage/gaoptout?hl=en). By doing so, you inform Google Analytics that no information about your Website visit should be transmitted to Google Analytics.

The Website also uses the Google remarketing function. Using this technology, users who having previously visited the Website are once again addressed with targeted advertising on the pages of the Google Partner Network. For this purpose, Google stores cookies on your computer, which can be used to analyse the visit to the Website and subsequently for targeted product recommendations and online advertising. To deactivate the use of cookies for advertising purposes, you may access Google’s ads settings manager. Alternatively, you can prevent the use of cookies by third parties, by visiting the deactivation page of the Network Advertising Initiative.

We have included social plugins on the Website, which are deactivated by default for security reasons. When you access the Website, no Personal Information is transmitted to social media services such as Facebook, Twitter or Google+. Deactivated social plugins are identified on the Website in grey. You have the option to activate these social plugins by clicking on them and thus consenting to engage in communication with the respective social network. An activated social plugin is displayed on the Website in colour. When you activate the social plugin, certain Personal Information may be transferred to the respective social network. The following links provides more information about plugins and privacy:

Without your express consent, we will not use tracking tools to collect Personal Information about you or to transfer such Personal Information to third parties and marketing platforms.

Changes

We may amend this Privacy Policy at any time by posting a replacement Privacy Policy on the Website. The date on which the Privacy Policy was last amended is indicated at the start of this Privacy Policy. The amended Privacy Policy is effective when posted. We will post notice that the Privacy Policy has been amended on the first webpage of the Website for a period of thirty (30) days.

Your continued use of the Website and our services following the posting of an amended Privacy Policy and the related notice means that you accept the terms of this Privacy Policy as amended. If you do not agree with any of the terms or conditions in the amended Privacy Policy, then you agree to immediately cease all use of our Website and services, which shall be your sole recourse and remedy.

No Contract

Nothing contained in this Privacy Policy is intended to create a contract or agreement between us and you.

Privacy Officer

If you have questions or concerns regarding this Privacy Policy, you may contact our Privacy Officer:

Matt Lisac
matt.lisac(at)baywa-re.ca
780-851-2392

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