Tentree Privacy Policy

 

Last Updated: April 27, 2021

 

  1.     INTRODUCTION

 

Ten Tree International Inc., (tentreeweus”) has created this Privacy Policy (“Privacy Policy”) in order to set out how we collect, use, and disclose personal information through https://www.tentree.ca including its subpages (the “Website”) and in the course of providing our products and services.  This Privacy Policy also applies to personal information collected through any mobile applications or other sites that display this Privacy Policy and to information we collect when you engage with us in person (eg. in store or at warehouse sales) or on social media, or otherwise interact with us (collectively with use of the Website, the “Services”). Please review this Privacy Policy carefully.

 

By using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

 

2.     WHAT DOES THIS PRIVACY POLICY COVER?

 

This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify or can reasonably associated or linked with an individual consumer or household (“Personal Information”).  We may collect, use, store and transfer different kinds of Personal Information about you which we have grouped together as follows:

 

This Privacy Policy does not apply to the practices of companies that we do not own or control, including third parties that may resell tentree products. You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy.

 

3.     COLLECTION AND USE OF PERSONAL INFORMATION 

 

3.1 Profile and Transactional Information; Other Information You Provide. In order to make purchases through the Website, you will need to provide certain contact and payment information to us such as your name, email address, phone number, shipping address, and payment information as well as any other personal information requested on our purchase/transactional pages. We use this Personal Information to process your purchase requests and deliver your purchases. Purchase information such as shipping address and billing address is used to process and deliver your purchase. tentree may also keep a record of and store your past purchases and pending purchases.  Although we limit the Personal Information that we request or require in connection with your use of the Services, we cannot control the content of information that you provide to us and will make commercially reasonable efforts to treat all such information pursuant to this Privacy Policy (subject to the limitations set forth herein).

 

3.2       Third Party Sources.  We may also collect or collate Personal Information about you through:

 

 

3.3 Use of Personal Information. tentree uses Personal Information to:

 

 

4.    COOKIES & INFORMATION COLLECTED AUTOMATICALLY 

 

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as “Device Information”.

 

We collect Device Information using the following technologies:

 

 

The Website uses "cookies" to collect information and improve our products and services. A cookie is a small data file that is stored on your device. Cookies cannot be used to see any other data on your computer, nor can they determine your email address or identity. 

 

We may use "persistent cookies" to save your registration ID and login password for future logins to our service. We may use "session cookies" to enable certain features of our service, to better understand how you interact with our service and to monitor aggregate usage and web traffic routing on our service. We also use session cookies to verify your age, keep track of items you have viewed and store such items in your cart while you are browsing.

 

The Website may also use technologies such as beacons, scripts, and tags. These technologies may be used for analyzing trends, administering the website, tracking users’ movements around the website, and gathering demographic information about our user base as a whole. Various browsers may offer their own management tools for removing these types of tracking technologies. We may also use third-party ad companies to help provide some of our advertising services. These third parties may place cookies on your computer and collect data about your online activities across websites or online services when you are logged into the third-party service, including for targeted advertising.

 

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can opt out of targeted advertising by using the links below:

 

 

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

  

5. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION

 

ten tree processes and stores its data, including Personal Information, on servers located in Canada and the United States. tentree also transfers data to the following third-party service providers described on our Sub-Processors webpage, available here: http://www.tentree.ca/pages/subprocessors (“Sub-Processors”). By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in Canada and United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the United States under lawful access regimes or court order.

 

 

6. DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES

 

6.1 Service Providers and Business Partners. We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage includes third party companies and individuals employed by us to facilitate our services, including the provision of database management, payment processing and customer relationship management tools, including the Sub-Processors.

 

6.2 Business Transfers. If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.

 

6.3 With Your Consent. If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws. 

 

Our Services may provide you with the ability to post comments, review or other messages viewable to other users (“Postings”).  Where the information that you provide us with includes Postings, you provide your consent, upon their submission, to the publication of such Postings and understand that they may be publicly available.

 

 

6.4 Aggregated Information.  We may disclose to third parties certain aggregated information (that is, information that does not directly identify a particular consumer or household). This allows us to give you a more personalized experience when you use our Services. 

 

6.5 As Required by Law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. 

 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

 

 

The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.

 

7.    RETENTION

 

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.

 

8.    Residents of the European Economic Area (“EEA”)

 

If you are a resident of the EEA, you have certain data protection rights. tentree takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information (known as “Personal Data” under the EU General Data Protection Regulation).

 

If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below. Note that where we act as the data processor on behalf of our users, you will be required to contact the data controller directly to exercise your rights.

 

In certain circumstances, where we act as data controller, you have the following data protection

rights:

 

  • Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it.

 

  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

 

  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

 

  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

 

  • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it. 

 

  • Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

 

  • Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

 

Please note that we may ask you to verify your identity before responding to such requests.

 

You have the right to complain to a Data Protection Authority about our collection and use of your

Personal Data. For more information, please contact your local data protection authority in the

EEA. 

 

If you wish to exercise any of the rights set out above, please contact us using the contact details below.

 

You will not have to pay a fee to access your Personal Information (or to exercise any of the other 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.

 

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 to speed up our response.

 

 

9.    International Users

 

This Privacy Policy describes our policies and procedures in North America. Regardless of where you live, by using our websites or engaging with us through the Services, you consent to have your personal data transferred, processed, and stored in Canada and United States, and allow us to use and collect your personal information in accordance with this Privacy Policy and for it to be processed globally by our third-party Sub-Processors. By providing your information you consent to any transfer and processing in accordance with this Policy.

 
10.   
ACCESS, CORRECTION AND ACCURACY

 

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

 

We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

 

 11.   CALIFORNIA PRIVACY RIGHTS

 

11.1 CCPA. This section provides additional details about the Personal Information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act (the CCPA).

 

For more details about the Personal Information tentree has collected over the last 12 months, please see the section “Information you provide us” above. We collect this Personal Information for commercial purposes described above. tentree does not sell (as that term is defined in the CCPA) the Personal Information we collect.  

 

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use and disclose this Personal Information), to delete their Personal Information, to opt out of any “sales” or “sharing” of Personal Information that may be occurring, and to not be discriminated against for exercising these rights.

 

California consumers may make a request pursuant to their rights under the CCPA by contacting us at the contact information below. We will verify your request using the information associated with your account, if available, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

 

11.2 Civil Code 1798.83.  Pursuant to Section 1798.83 of the California Civil Code, California residents have the right to request from a business with whom the California resident has an established business relationship certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.  We do not, and have not within the last 12 months, disclosed Personal Information to third parties for any third parties’ direct marketing purposes.  If you reside in California, you can prevent future disclosures for direct marketing purposes of your Personal Information, at no charge, by indicating to us your intent to opt out of such disclosures in a message addressed to the applicable contact information set forth in the “Additional Information” heading below.

 

12. CHILDREN’S PERSONAL INFORMATION; NO SENSITIVE INFORMATION

 

We do not knowingly collect personal information directly from children under the age of 13 without parental consent. Our Site is intended to be a general audience website and is not specifically targeted to or intended for use by children. If we are informed that we have unintentionally received personal information from a child under the age of 13, we will delete that information. If you want to notify us of our possible receipt of information by children under the age of 13, please contact us at the contact information set forth in the “Additional Information” heading below.

 

In addition, except for information we specifically request in connection with your use of the Services, we ask that you not send or disclose to us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership), whether via our Services or otherwise.

 

 

13.    NEVADA RESIDENTS

 

Under Nevada law, we are providing this notice to Nevada residents.  You may opt out of sales of your Personal Information by contacting us at the contact information set forth in the “Additional Information” heading below with a clear reference to your applicable Nevada law rights and information permitting us to verify your identity and the authenticity of your request.  

 

 

14.    CHANGES TO THIS PRIVACY POLICY

 

We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website or Services after such changes have been first posted.

 

 

15.    ADDITIONAL INFORMATION

 

Questions regarding this Privacy Policy or tentree’s privacy practices should be directed to us at:

 

Privacy Officer at tentree

230-1275 Venables Street Vancouver, BC V6A 2E4

Email: privacy@tentree.com 

Phone: 1-833-520-1145