Politique de confidentialité

The website https://sherp.ca/ (the “Site”) is operated by Solutions tout terrain inc. (also referred to as “All-Terrain”, “us”, or “we”).  We respect your right to control your personal information. That is why we have developed this Privacy Policy which describes the types of personal information we collect about you, how we use the information, with whom we share it, and the choices available to you regarding how we use your personal information. We also describe how we safeguard your personal information and how you can contact us about our privacy practices (the “Politique de confidentialité”).

This page contains the Privacy Policy for the Site, as well as for any other websites or microsites operated by All-Terrain (collectively and together with the Site, the “Sites”), and for web applications, tools, forums, or social media pages offered by All-Terrain on the Sites, and for any online services offered by All-Terrain, including but not limited online retail sales (together with the Sites, the “Service”).

By accessing or using the Service, you consent to the collection, use and disclosure of personal information by All-Terrain in accordance with this Privacy Policy. You may choose not to provide us with personal information.  However, if you make this choice we may not be able to provide you with the application, service or information that you requested.

  1. Definitions

For the purposes of this Privacy Policy, the following words have the following meanings:

collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.

consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian.  Express consent is a permission that is granted by an individual taking a positive step to signify consent and may be given orally, electronically or in writing.  Implied consent is the assumption of consent that can reasonably be inferred from a user’s action or inaction.

user” means an individual who uses the Service provided by All-Terrain, including anyone else who accesses or visits the Sites.

disclosure” means making personal information available to a third party.

employee” means an employee of All-Terrain, and for the purpose of this Privacy Policy only, includes agents, independent and other contractors performing services for All-Terrain.

personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.

“Subscribing Organization” means a company, entity or organization, including any vehicle retail service or vehicle wholesale business that has subscribed to the Service.

third party” means an individual other than the user, or the user’s agent, or an organization outside All-Terrain or a Subscribing Organization.

use” means the treatment, handling and management of personal information by and within All-Terrain.

Below is a quick reference guide explaining key privacy issues such as what personal information we collect, why we collect it, and how we use it. To learn more about these topics, click on the links provided.

Information We Collect We may collect the personal information you provide to us, such as name, postal address, e-mail, phone number.

We may also automatically collect information when you visit the Sites such as your IP address and location.

For further information please follow section 2 of the Privacy Policy.

Why We Collect Your Personal Information We collect your personal information in order to provide you with the Service, including but not limited to, responding to questions or comments you submit, to provide Service-related announcements or notifications to you, to fulfill a purpose that we disclose to you when we request your personal information, and to meet legal and regulatory requirements.

For further information please follow section 3 of the Privacy Policy.

With Whom We Share Your Personal Information We may disclose your personal information to (1) our employees, agents, partners and service providers such as dealers and suppliers of vehicle parts and equipment; (2) your agent; and (3) third party or parties where you consent to such disclosure or the disclosure is required by law.

We may also disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of our business.

For further information please follow section 4 of the Privacy Policy.

Change of Purpose We will only use your personal information for the purpose for which we collected it.

If we need to use your personal information for another purpose we will notify you and, where required by law, obtain your express consent.

For further information please follow section 5 of the Privacy Policy.

What We Do to Safeguard Your Personal Information We have implemented appropriate administrative, technical, and physical security measures to protect your personal information against risks such as loss or theft, and unauthorized access, disclosure, copying, misuse, modification or destruction.

For further information please follow section 7 of the Privacy Policy.

International Transfers of Your Personal Information Your personal information may be transferred to third party service providers in any country (e.g. Canada, United States, and Ukraine) for storage and processing. We put measures in place to ensure that your personal information is subject to appropriate safeguards.

For further information please follow section 8 of the Privacy Policy.

Retention of Personal Information We use your personal information for the period strictly necessary to achieve the purpose and to comply with our legal and regulatory obligations.

For further information please follow section 9 of the Privacy Policy.

Cookies We use “cookies” to recognize you. You can control cookies through your browser and opt-out from our use of cookies.

For further information please follow section 11 of the Privacy Policy.

Analytics We use Google Analytics to analyze how users use the Sites. We may permanently store this aggregated non-personal information.

You may disable Google Analytics.

For further information please follow section 12 of the Privacy Policy.

Additional European Economic Area Disclosures If you are situated in the European Economic Area and under certain circumstances, you have certain rights available to you. These rights are not absolute and do not always apply in all cases.

For further information please follow section 13 of the Privacy Policy.

Withdrawing Consent You may withdraw your consent to the collection, use or disclosure of your personal information by us at any time, subject to legal or contractual restrictions and reasonable notice.

Withdrawal of your consent may result in our inability to continue providing aspects of the Service to you.

For further information please follow section 16 of the Privacy Policy.

Privacy Policy Changes If we make significant changes to this Privacy Policy, we will provide at least 30 days’ notice through our Services, or by other means, to provide you with the opportunity to review the changes and provide your required consent, where required by law, before the changes become effective.

For further information please follow section 18 of the Privacy Policy.

Contactez nous You can contact us by sending us an e-mail at info@sherp.ca

or call us at1-877-349-4999

 

  1. Information We Collect

When you interact with us through our Service, we may collect or receive the following types of information.

Personal Information You Provide To Us

You may provide us with your personal information in different ways. For example, we may collect any or all of the following personal information if the information is reasonably required to provide the services accessed or requested by you:

(a)          information that you provide when you complete forms on the Service, such as your name, email, postal address, telephone number, and country of residence;

(b)          your correspondence with All-Terrain employees, including any questions, concerns or comments you may have about the Service or problems that you report;

(c)           warranty claims you submit to the Service;

(d)          comments, videos, photographs, and any other content or information that you may post or submit to the Service; and

(e)          details of your requests made through the Service.

Technical Information We Collect Automatically

When you visit the Sites, we may collect, using electronic means, technical information. This information may include:

(a)          the IP address of your computer and which browser you used to view our Sites;

(b)          operating system;

(c)           resolution of screen;

(d)          location;

(e)          language settings in browsers; and

(f)            the site you came from and searched for keywords if arriving from a search engine.

This technical information (some of which in certain instances may be considered personal information) is aggregated and used to measure and improve effectiveness of our Sites. We do not attempt to combine this technical information with other personal information we collect on our Sites.

  1. Purpose of Collection and Use of Personal Information

All-Terrain collects your personal information and will use your personal information as is reasonably required for the following purposes:

  • to provide web applications, the Service, and/or the other services or information that you request;
  • to verify your identity if you submit comments, videos, photographs, opinions, or any other content or information to the Service;
  • to respond to questions, comments, requests, job applications, or complaints that you submit to All-Terrain;
  • to respond to warranty claims you submit to the Service;
  • to track communications with you;
  • to analyze the use of the Service and to improve the Service;
  • to send emails, newsletters, regular mail or other communications you have consented to receive from All-Terrain;
  • to provide Service-related announcements or notifications to you;
  • to fulfill a purpose that we disclose to you when we request your personal information; and
  • to meet legal and regulatory requirements.

All-Terrain staff are authorized to access personal information based only on their need to deal with the information for the reason(s) for which it was obtained.  Personal information will only be collected and used by authorized staff in a manner consistent with the activities of All-Terrain.

  1. Disclosure of Personal Information

All-Terrain may disclose your personal information to:

  • its employees, agents, partners and service providers, such as dealers and suppliers of vehicle parts and equipment, as is reasonably necessary to enable these parties to perform a business, professional or technical support function for All-Terrain;
  • a person who, in the reasonable judgment of All-Terrain, is seeking the information as your agent;
  • a third party or parties, where you consent to such disclosure or the disclosure is required by law.

Corporate Reorganization and Business Transfers

We may also disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

5.  Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and obtain your express consent to do so pursuant to Section 18.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

  1. Children

The Services are intended for general audiences and is not directed to children under the age of 16. We do not knowingly collect personal information from children under 16. In the event that we learn that we have collected personal information from a child under the age of 16, we will take appropriate steps to delete that personal information. If you become aware or believe that a child has provided us with personal information, please contact us as provided Section 14.

  1. Safeguarding Your Personal Information

All-Terrain is committed to safeguarding your personal information. All-Terrain uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, misuse, modification or destruction, and any other unlawful form of processing of the personal information in our possession regardless of the format in which it is held. The methods of protection and safeguards used by All-Terrain include, but are not limited to, locked filing cabinets, security testing, vulnerability scans, need-to-know access and technological measures, including the use of passwords, encryption and firewalls.

All-Terrain also ensures that its employees with access to personal information are made aware of the importance of maintaining the confidentiality of personal information.

All-Terrain takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information.

We cannot ensure or warrant the security of any personal information we collect either directly or automatically from you. You provide us with your personal information at your own risk. We also cannot guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our security safeguards. To the degree that personal information is of a sensitive nature, and in the event of a breach, there may be a risk of significant harm to you which includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property.

8. International Transfers of Personal Information

Your personal information may be stored and processed in any country where we engage third party service providers (e.g. Canada, United States, and Ukraine). While such personal information is outside of your country of residence, it is subject to the law of the country in which it is held and may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices will at all times continue to be governed by this Privacy Policy.

All-Terrain Solutions Inc. has measures in place to ensure that when your personal information is transferred internationally, it is subject to appropriate safeguards in accordance with data protection laws. These measures typically include contractual safeguards stipulating the confidentiality of the information and the purposes for which it is to be used.

9. Retention of Personal Information

All-Terrain   will only keep personal information for as long as reasonably necessary to fulfil the relevant purposes set out in this Policy Privacy and in order to comply with our legal and regulatory obligations. To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may also retain aggregated non-identifiable personal information indefinitely after your account has been closed for research or statistical purposes.

  1. Accuracy

All-Terrain is committed to keeping your personal information as complete, up-to-date and accurate as is necessary for the purposes for which it is to be used. All-Terrain will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, All-Terrain will transmit the amended information to third parties having access to the personal information in question. Upon request, All-Terrain will provide you with a reasonable opportunity to review the personal information in your file to review its accuracy. Such personal information will be provided within a reasonable time of the request and at a minimal or no cost to you.

Also upon request, All-Terrain will provide an account of the use and disclosure of your personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, All-Terrain will provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.

11.Cookies and Similar Technologies

The Sites use “cookies”, which are small text files placed on your computer or other device when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.

We also use third party cookies which enable features or functionality provided by third parties in connection with the Services, for example, advertising, interactive content, and analytics (see Section 12 below). The parties that set these third-party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.

We use the following types of cookies:

  • Strictly necessary / technical cookies that are essential to enable you to move around a website and use its features. Without these cookies, Services, like adding items to an online shopping cart, cannot be provided.
  • Analytical / performance cookies that collect information in aggregated form about how users interact with the Sites so that you may improve functionality.
  • Functional cookies that allow a website to remember choices you make, recognize you when you return and to personalize content.
  • Targeting / advertising cookies that track browser habits and used to deliver targeted (interest-based) advertising.

Managing Cookies

You can manage website cookies in your browser settings, and you always have the choice to change these settings by accepting, rejecting, or deleting cookies. If you choose to change your settings, you may find that certain functions and features will not work as intended on the Services. All browser settings are slightly different, so to manage cookies, you should refer to the relevant settings within your browser.

12. Analytics

The Sites employs Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the Sites, compiling reports on Sites activity for the Sites’ operators and providing other services relating to website activity and Internet usage. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.  Google will not associate your IP address with any other information held by Google.

We may also use additional analytics programs from time to time to process non-personal information about you.

We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by All-Terrain.

Disable Google Analytics

You can prevent the collection and processing of cookie created data relating to your utilization of the Sites (including your IP) via Google by downloading and installing the browser plugin available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en).

Google currently offers this opt-out tool for Internet Explorer 11, Google Chrome, Mozilla Firefox, Apple Safari and Opera.

Further information concerning the terms and conditions of Google’s use and data privacy can be found at https://www.google.com/analytics/terms/us.html or at https://policies.google.com/privacy.

  1. Additional European Economic Area (“EEA”) Disclosures

Legal Basis for Processing Your Personal Information

Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it.

Below are the types of lawful basis that, depending on the circumstances, we may rely on to process your personal information:

Legal Basis for Processing Explanation of Legal Basis
Consent You have given consent to us for the processing of your personal information for one or more specific purposes.
Legitimate Interest Processing your personal information to enable us to provide and improve the Service to you, administer our relationship with you and our business, for marketing and in order to exercise our rights and responsibilities. Where we rely on legitimate interests as a lawful ground for processing your personal information, we balance those interests against your interests, fundamental rights and freedoms. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at as provided under Section 14.
Performance of a Contract Processing your personal information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation Processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject.

 

 

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

 

Your Personal Information Rights

Under certain circumstances and in accordance with EU/EEA applicable data protection laws, you have the following rights:

Right Explanation of Right
Right of Access The right to make a written request for details of your personal information and a copy of that personal information.
Right to Rectification The right to have inaccurate information about you corrected or removed.

 

Right to Erasure

(‘Right to be Forgotten’)

The right to have certain personal information about you erased.

 

Right to Restriction of Processing The right to request that your personal information is only used for restricted purposes.

 

Right to Automated Decisions The right to contest any automated decision made where such a decision is based solely on automated processing, including profiling, which produces legal effect concerning you or similarly significantly affects you.
Right to Object The right to object to the processing of your personal information in cases where our processing is based on the performance of a task carried out in the public interest or we have let you know the processing is necessary for our or a third party’s legitimate interests.
Right to Data Portability The right to ask for the personal information you have made available to us to be transferred to you or a third party in a machine-readable format.
Right to Withdraw Consent The right to withdraw any consent you have previously given us to handle your personal information. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information prior to the withdrawal of your consent.

 

To exercise any of these rights, please contact us as provided in Section 14. These rights are not absolute and they do not always apply in all cases.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to help us respond efficiently to your request.

You will not have to pay a fee to access your personal information (or to exercise any of the above rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us as provided under Section 14.

  1. Contactez nous

To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of the Privacy Policy contact:

All-Terrain Privacy Officer

Mailing Address: Unit 2, 799 Kapelus Drive, West Saint Paul, Manitoba, Canada, R4A 5A4

Telephone No.:  +1 877 349 49 99

Email: sales@sherp.ca

  1. Complaints

All-Terrain will promptly investigate all complaints concerning our compliance with the Privacy Policy and our dealings with your personal information.  If a complaint is found to be justified, All-Terrain will take appropriate measures to resolve the complaint, including, if necessary, amending our policies and procedures. You will be informed of the outcome of the investigation regarding your complaint.

  1. Withdrawing Consent

You may withdraw your consent to the collection, use or disclosure of your personal information by All-Terrain at any time, subject to legal or contractual restrictions and reasonable notice.  In certain circumstances, your withdrawal of consent may result in the inability of All-Terrain to continue providing aspects or optimization of the Service to you. Please contact All-Terrain for more information regarding the implications of withdrawing consent.

  1. Unsubscribe from Commercial Electronic Messages

If you no longer wish to receive commercial electronic messages from All-Terrain regarding our new products or services, promotions or other similar communications, you may unsubscribe here https://sherp.ca/contacts/. Please note that, after you unsubscribe, All-Terrain may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that All-Terrain is legally obligated to provide you.

  1. Privacy Policy Changes

We may modify this Privacy Policy to accommodate changes in our services, changes in technology and legal developments. If we make changes to this Privacy Policy, we will provide notice through our Services, or by other means to provide you with the opportunity to review the changes before they become effective. For example, we may place a prominent notice on the Sites or e-mail you to let you know of an updated Privacy Policy.

If we make significant changes to this Privacy Policy, we will provide at least 30 days’ notice through our Services, or by other means, to provide you the opportunity to review the changes and provide your required consent before they become effective. A significant change may be using personal information for a new purpose or disclosures to new third parties.

You acknowledge that your continued use of our Services after we modify this Privacy Policy, publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data are subject to the updated Privacy Policy.

If you object to any changes to the Privacy Policy you may close your account.

Whenever we update the Privacy Policy, we will change the date below to indicate when the changes were made.

Date: June 13, 2019

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