You can always 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 the Services that you request. For example, we can only provide you a tailored response to your query through the Contact Us section of the Site if you provide us with your email address or phone number.
What is “Personal Information”?
Personal information is any information about an identifiable individual. This includes information such as your name, contact information, email address, and payment information.
Purposes for Collection
We collect personal information from you in order to:
- Respond to the questions you submit to us through the Site;
- Provide you with other customer support and communication;
- Allow you to submit an application to become a retailer for Elby;
- Fulfil your requests and purchases of Elby bikes and other Services from our Site;
- Better understand your preferences and tailor offers and Services to you based on those preferences;
- Administer voluntary contests and promotions;
- Communicate to you our newsletter and promotional offers, if you have opted-in to receive these communications; and
- Conduct analyses and evaluations to understand consumer trends and improve our Site, Services and marketing communications.
By consenting to our collection, use and disclosure of your personal information through your use of our Site and Services, you will allow us to fulfill the purposes for which we collect your personal information, as described above.
We collect information that you submit to us (such as a query on our “Contact Us” page or if you enter into a contest) or through other passive collection. For example, like many other websites, when you are on our Site we may automatically track or use a third-party analytics tool to monitor and track information relating to activity on our Site, including the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Site, the Internet address of the website from which you linked directly to the Site, the operating system you are using, the sections of the Site you visit, the Site pages read and images viewed, and the content you download from the Site.
We may also collect information if you engage with our Site through a third-party social media platform. For example, if you tag us or use “#elbybike” on Instagram, we and other users of Instagram may be able to view your profile. Your use of third party platforms remains subject to the terms and conditions and privacy policies you have agreed to with such platforms.
Disclosure of Information
We do not sell, rent or otherwise disclose any additional personal information to any third-party to enable them to market their products and services. Any information provided to any third-party will only be provided at the aggregate or de-identified level such that no individual can be uniquely identified or linked to the information.
Under certain circumstances, Elby will disclose your personal information:
- when we are required our authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the Services we are providing to you require us to give your information to a third-party service provider your consent will be implied, unless you tell us otherwise; or
- where it is necessary to establish or collect amounts owed to us.
Disclosure to Service Providers.
Elby may share your personal information with certain service providers in order to provide Services to you, to verify and validate information, and to address customer service matters. Examples of service providers include credit card issuers and delivery services. To reduce the risk of fraud or misuse of personal information, Elby may also verify your personal information, including but not limited to your address and credit card information, with third party service providers. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. If you do not wish us to provide your personal information to those service providers, we may be unable to process your transaction or adequately respond to your query.
Occasionally, we may use service providers located in the United States to process and/or store personal information for us. Please note that personal information in the custody of these service providers may be subject to access by the law enforcement authorities of those jurisdictions in which the service providers are located. Our Privacy Officer, whose contact information is provided below, can provide further information about our policies and practices regarding service providers located outside of Canada and further information about how these service providers, collect, use, disclose or store personal information on our behalf.
Disclosure in the event of a Business Change
In the event our business undergoes a fundamental change such as, for example, a sale or financing, merger, transfer of all or a portion of our business or assets (“Business Change”), we may disclose your personal information to the counterparties to the transaction and their professional advisors as necessary for them to conduct due diligence and to complete the transaction, provided that the counterparties and their professional advisors are required to maintain the personal information as confidential and provided that any successor to our business may only use and disclose your personal information for those purposes for which you have provided consent to us. Following such Business Change, you may contact the entity to which we disclosed your personal information with an inquiry concerning the processing of that information.
Security of your Information
Elby takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences. Among the steps taken to protect your information are:
- premises security;
- restricted file access to personal information;
- deploying technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
Updating, Accessing and Correcting your Information
You can ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.
However, your rights to access your personal information are not absolute. We may deny access when required or authorized by law. For example, we may deny access when granting access would have an unreasonable impact on other people’s privacy or when necessary to protect our confidential commercial information and the requested information cannot be severed from the balance of the record in which it is contained. If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Retention of Information
We keep your information as long as reasonably required to complete our dealings with you, or as required by law, whichever is longer. You can also request that we remove your information from our records by contacting our Privacy Officer at the contact information below. Subject to our requirements for continued retention of your information (i.e., billing, audit, or warranty purposes) or to fulfill our legal obligations, we will make every reasonable effort to honour your request.
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