Privacy Policy

Elby Limited Partnership (“Elby”, “we”, “us”, or “our”) recognizes the importance of privacy and the sensitivity of personal information. This Privacy Policy outlines how we safeguard and manage the personal information that you submit to us by using our website www.elbybike.com (the “Site”) and the information, products and services it offers (collectively, the “Services”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

By using our Site and Services, you agree to be bound by and accept our Terms of Use and consent to the collection, use and disclosure by Elby of your personal information for the purposes described in this Privacy Policy. Your consent will be effective from the date that you begin using our Site and Services until the date that you withdraw consent. Our Terms of Use are available at http://www.elbybike.com/terms-of-use

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.

Information Collection

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 use Cookies to understand your usage of the Site and to improve its contents. A “Cookie” is a text file that websites send to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. Cookies make the Site more convenient as you use our Site. For example, the information provided through Cookies is used to recognize you as a previous user of the Site, to offer personalized web page content and information for your use, to track your activity on the Site, to respond to your needs, and to otherwise facilitate your experience. A Cookie may remain on your computer, phone or browser after the session finishes. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Site and your ability to access certain features of the Site or engage in transactions through 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.

Links to Other Websites

Like many other websites, our Site contains links to other third party websites, which are not governed by this Privacy Policy. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate terms of use and privacy policies. Elby and our affiliates are not responsible for the privacy practices of other third party websites. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Updates to this Privacy Policy

Elby reserves the right to update, change or modify this Privacy Policy from time-to-time. We may add, change, or remove portions of this Privacy Policy when we feel it is appropriate to do so. Whenever we update this Privacy Policy we will change the date on the Privacy Policy to indicate when the changes were made. Your continued use of our Site and Services following a change to this Privacy Policy means that you provide your consent to the collection, use and disclosure of your personal information as set out in the updated Privacy Policy. Please check back periodically for updates.

Contact Us

If you have any questions, concerns or complaints about our Privacy Policy please contact our Privacy Officer through our “Contact Us” page. We will respond to your request or investigate your concern as quickly as we can. If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us.