1.1. Purpose of This Policy
Our businesses and websites are not intended for children and we do not knowingly process data relating to children.
“Personal data” means any information relating to an identified or identifiable natural person, but excludes any information that is not considered as such by privacy laws.
“Processing” means any operation or set of operations which are performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“You” means an identified or identifiable individual on whom HYPERTEC processes personal data. It includes, but is not limited to, clients of HYPERTEC, employees of clients, past, present or future members of the HYPERTEC team, visitors to HYPERTEC’s internet site, suppliers, contractors and sub-contractors. It does not include data where the identity has been removed (anonymous data).
1.3. Controller of Personal Data
HYPERTEC is the controller and responsible for your personal data. Reference to HYPERTEC (or “we”, “us” or “our”) in this policy refers to all companies within HYPERTEC.
1.4. Security Officer
HYPERTEC currently has one Security Officer. Contact details are as follows:
Canadian Postal Address: 9300 TransCanada Hwy, Saint-Laurent, Quebec Canada H4S 1K5
Hypertec USA Postal Address: 1868 E. Broadway Rd, Tempe, AZ 85282
Please contact the Security Officer with any questions about the application of this policy or if you have any concerns that this policy is not being or has not been complied with. You have the right to make a complaint at any time to your national supervisory authority for data protection. We would, however, appreciate the chance to deal with your concerns before you approach your national supervisory authority, so please do not hesitate to contact us in the first instance.
1.5. Your Duty to Inform Us of Changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
1.6. Third Party Content and Privacy Statements
We may process different kinds of personal data about you which we have grouped together as follows:
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
We use different methods to collect data from and about you, including through:
5.1. General Approach and Guidelines
We will only process your personal data when the law allows us to. Most commonly, we will process your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. When we process your personal data on the basis of your consent, you have the right to withdraw your consent at any time by contacting us.
5.2. Purposes for Which We Will Process Your Personal Data
We have set out below, in a table format, a description of all the ways we may process your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
In this policy, a legitimate interest means our interest in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground that we are relying on to process your personal data where more than one ground has been set out in the table below.
|PURPOSE/ACTIVITY||TYPE OF DATA||LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST|
|To register you as a new customer||(a) Identity|
|Performance of a contract with you|
|To process and deliver your order including:|
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you|
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:|
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you|
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity|
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)|
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity|
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences||(a) Technical|
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity|
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To process your application for employment with us||(a) Identity|
|Your consent and our legitimate interest (to operate our business)|
HYPERTEC limits the personal data it collects to what is necessary for managing its business and maintaining and developing its commercial relationships.
5.4. Third Party Information Collection
From time to time, you may provide HYPERTEC with the personal data of individuals other than yourselves. You agree to obtain, prior to disclosing such information to HYPERTEC, the knowledge and consent of each individual to the disclosure, and to subsequent use by HYPERTEC, of such personal data, in accordance with this policy, unless otherwise permitted by law.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
5.6. Promotional Offers from Us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us, purchased goods or services from us or if you provided us with your details when you entered a competition, registered for a promotion, or bought a product or service on HypertecDirect.com or Hypertecdirect.ca websites and in each case you have opted into receiving that marketing communication.
5.7. Third-Party Marketing
We will get your express opt-in consent before we share your personal data with any company outside the HYPERTEC group of companies for marketing purposes.
5.8. Social Media Widgets
5.9. Opting Out
You can ask us or third parties to stop sending you online marketing messages at any time by using the “Unsubscribe” feature contained at the bottom of each such email message. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
5.11. Change of Purpose
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in Section 5.2 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We share your personal data within the entities comprising HYPERTEC Group, which are located in the following jurisdictions: Canada and the United States of America. While some of those entities are located outside of the European Economic Area (EEA), this will involve transferring your data outside the EEA. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. Where necessary by law, we formalize these transfers with binding corporate rules.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for; including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data can be requested from us by contacting us.
In some circumstances you can ask us to delete your data. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. This includes the following:
If you wish to exercise any of the rights set out above, please contact us.
Where permitted under law, we may charge a reasonable administrative fee to process any request you may have with respect to your personal data or this policy.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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.
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex, but we will contact you if this is the case.