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PRIVACY POLICY

KÄRCHER CANADA INC.

Datenschutz

Thank you for visiting the KÄRCHER CANADA INC. (“KÄRCHER”) website located at https://www.kaercher.com/ca/ (the “Website”).  The Website is an Internet property of KÄRCHER (“we” or “us”).  This Privacy Policy covers our treatment of personal information and other information that we collect when you: (a) access or use the Website; (b) become a user (a “User”); and/or (c) use the Website’s services and various interactive features (collectively the “Services”). 

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY IN ITS ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE AND/OR SERVICES.

Personal Information Collected

When you access the Website, become a User, and/or use the Services, we may collect personal information from you. For the purposes of this Privacy Policy, personal information shall mean individually identifiable information including your: (a) full name and/or company name; (b) e-mail address; (c) street and/or billing address; (d) telephone numbers; (e) date of birth; (f) username and password; (g) secret question and answer; (h) credit card or any other payment information; and/or (i) any other information requested by the Services that is personally identifying.

Use of Personal Information

By registering with, or providing personal information on, the Website (including information you provide on account registration), Users allow us to make their personal information available to our affiliates (which include entities that provide the technical services and infrastructure that power the Services) and other third parties in accordance with the terms of this Privacy Policy, and to otherwise provide marketing offers to such Users. The personal information that you submit to us remains your property, but by submitting such information to us, you grant us and our affiliates the right, subject to applicable municipal, provincial and federal law, to use the personal information for marketing purposes. 

 

Without limiting the generality of the foregoing, we and our affiliates reserve the right to share, sell, rent, lease and/or otherwise distribute any and all personal information with/to any third-party for any and all purposes permitted by this Privacy Policy and applicable law. These third parties may include, but shall not be limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers, telemarketers, SMS text-based marketers and/or direct marketers (where and to the extent permitted by applicable law); and (c) third party vendors who support and/or facilitate the performance of the Website and/or Services.

 

We or our affiliates may also use your personal information for any purpose related to the operation of the Website and/or Services. We may disclose personal information to third-party agents and independent contractors that help us create and/or operate the Website and/or Services.  You agree that we or our affiliates may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Website and/or Services. In addition, if you identify yourself to us or our affiliates by sending an e-mail with questions or comments, such information (including personal information) may be used to respond to your questions or comments, and your questions or comments may be filed for future reference.  We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the Website and Services, and to determine your preferences so that we can tailor the Website and Services to your needs.

 

We or our affiliates may also use contact information from your personal information to send you information about and/or contact you regarding: (i) the Website and Services; (ii) our or our affiliates’ other products, services and offerings; (iii) the offerings of third parties; and (iv) your account status.   Please keep in mind, though, that we do not control, and are not responsible for, the practices of our third-party advertisers or those of affiliates.  If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your personal information to third parties (subject to restrictions contained in applicable municipal, provincial and federal law), please see the Opt-Out/Unsubscribe section below.

 

By submitting your personal information through the Website, you agree to receive e-mail marketing from us, our affiliates, our third-party advertisers, and third-party advertisers related to our affiliates. We or our agents may use third party service providers to maintain the Website and Services. The information that you submit through the Website may be collected by us, affiliates, or such third party service providers. You are encouraged to review the privacy policies on any such third party service provider’s website(s).

 

In addition, where you submit a mobile telephone number on the Website, if ever, you agree to receive mobile marketing including, but not limited to, SMS text-message based marketing, from us, affiliates, and from our and our affiliates’ third party advertisers and marketers (where, and to the extent that, such marketing is permitted by applicable law).  As such, notwithstanding that your mobile telephone number may be listed on any municipal, provincial and/or federal Do-Not-Call registries, we, and our affiliates, retain the right to contact you via SMS text-message based marketing in accordance with applicable municipal, provincial and federal laws. Further, you agree that we and our affiliates reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

 

We reserve the right to release current or past personal information: (i) in the event that we believe that the Website and/or Services are being or have been used in violation of our terms of use or to commit unlawful acts; (ii) if the information is subpoenaed; or (iii) if we are sold, merged or acquired. Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate. Users should also be aware that courts of equity might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

 

Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts or law enforcement agencies in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that jurisdiction to maintain protections on the personal information that are equivalent to those that apply in the jurisdiction in which you live.

Interactive Services

If you post information or otherwise provide feedback and/or personal information by and through the Website, you should be aware that any personally identifiable information that you submit there can be read, collected or used by other Users of the Website and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the personal information that you choose to submit in this manner. Further, by submitting feedback and other material, you: (a) represent and warrant that our use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that we are free to use in any manner all or part of the feedback and other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant us all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all feedback and other material, in whole or in part, or as a derivative work, without any duty by us to anyone whatsoever.

Non-Personal Information Collection and Use

 

IP Addresses/Browser Type

We and our affiliates may collect certain non-personally identifiable information about you when you visit many of the pages of the Website. This non-personally identifiable information includes, without limitation, the type of browser that you use, your IP address, the type of operating system that you use, and your internet service provider. We and our affiliates use the non-personally identifiable information that we collect to improve the design and content of the Website and to enable us to personalize your Internet experience. We and our affiliates may also use this information in the aggregate to analyze the Website’ usage, as well as to offer you products and services.  

Cookies

When an end-user visits the Website, we may send one (1) or more cookies (“Cookies”) to assign an anonymous, unique identifier to the applicable end-user’s computer or other device. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. Even in the case where a user rejects a Cookie, he or she may still use the Website; provided, however, that certain functions of the Services and/or the Website may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely. For more information about the manner in which we use Cookies, please visit our Cookie Policy available online at https:// kaercher.com/ca/cookie-policy.html or when you accept cookies after being prompted to do so by the Website.

Aggregate Data

We and our affiliates reserve the right to transfer and/or sell aggregate or group data about Users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Users as a group, without disclosing personally identifiable information.

 

Third-Party Websites

The Website may contain links to third-party owned and/or operated websites.  Neither we nor our affiliates are responsible for the privacy practices or the content of such websites. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them.

Security

We endeavour to safeguard and protect our Users’ information. The privacy of your personal information is very important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.

 

However, access to your information is strictly limited, and not accessible to the public. Only employees who need access to the information are granted access to personal information. In compliance with applicable municipal, provincial and federal laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in such an event. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) should not submit their personal information at the Website. We do not knowingly solicit or collect information from visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age).

Opt-Out/Unsubscribe

To opt-out of having your information shared with third parties, please check the Unsubscribe box. To opt-out of receiving e-mail advertising, SMS text-based marketing (where and to the extent permitted by applicable law), telemarketing and direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or check the Unsubscribe box. 

 

Notwithstanding the foregoing, we or our affiliates may continue to contact you for the purpose of communicating information relating to your request for Services, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related and inquiry response-related messages from us, you must cease requesting and/or utilizing the Services and cease submitting inquiries to us, as applicable.

Deleting and Updating Your Information

At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove personal information that you have provided to us, or that we have collected.  You may do so by contacting us via e-mail at Eshop.Canada@karcherna.com; provided, however, that we ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

 

Please be advised that deleting your personal information will terminate your access to the Services. If you wish to continue using the Services, you may not delete the personal information that we have on file for you.

 

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. In addition, this deletion will not change or delete personal information that may have already been shared with affiliates or third parties, all as provided above in this Privacy Policy. You will need to contact the affiliates or third parties that contact you directly to change your preferences regarding their use of your personal information.

Changes to this Privacy Policy

We encourage you to periodically review this Privacy Policy as we may choose to change it occasionally to reflect industry initiatives, changes in the law or technology or changes in our practices regarding information collection, use and disclosure. We reserve the right to change or update this Privacy Policy at any time by posting a notice on the Website that we are changing our Privacy Policy. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. If the manner in which we use personally identifiable information changes, we will notify Users by: (a) sending the modified policy to our Users via e-mail; and/or (b) by any other reasonable means acceptable under applicable provincial and federal law. You will have a choice as to whether or not we use your information in this different manner. At any time that you do not agree with the changes, you must opt out from receiving future communications from us (see the “Opt-Out/Unsubscribe” section above). Failure to opt out after notice of any such changes constitutes an affirmative acknowledgement and acceptance by you of the modified Privacy Policy. 

European Union Users

This Website is only for users from Canada. If you are visiting us from the European Union, please visit the KÄRCHER website responsible for serving your territory. Please note that we may transfer your personally identifiable data outside the European Union for use for any of the purposes described in this Privacy Policy. By using the Website and providing us with your personal data, you consent to such transfer of your personal data.

Contact Us

If you have any questions, comments or concerns about this Privacy Policy, please e-mail us at Eshop.Canada@karcherna.com.

If we do not resolve an issue to your satisfaction, you may file a complaint with the Privacy Commissioner of Canada by contacting:

The Officer of the Privacy Commissioner of Canada
30, Victoria Street
Gatineau, Quebec
K1A 1H3

Last Updated on June 30, 2020