ProColor Collision (“we,” “us,” and “our”) respects the importance of the privacy of your personal information. We provide this Privacy Policy so you know about our information handling and storage practices and understand how we treat the personal information we receive about you from your use of our web sites and mobile software applications (collectively, the “Sites”) or otherwise in connection with our products, services and franchise operations in Canada (collectively, the “Services”). By accessing or using the Site or the Services, you agree to the terms of this Privacy Policy.

Your visit to the Sites is subject to the Terms of Use, including limitations on damages and application of the law of the Province of Ontario. Access and use of this Site and the Services is strictly voluntary. If you do not agree to this Privacy Policy, you may not use the Site or the Services. Additionally, we may not be able to assist you in connection with matters relating to the Services.

Your Consent
BY SUBMITTING YOUR PERSONAL INFORMATION TO US (DIRECTLY OR INDIRECTLY), YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE CANADA. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

Form of Consent
When we collect, use or disclose your personal information we will generally obtain your consent. Most of the time, we will obtain your consent before or at the same time we collect your personal information. In some instances, however, we may seek your consent after we have collected your personal information if we wish to make an additional use or disclosure of your personal information where we do not already have your consent for that new use or disclosure.
Depending on the circumstances, your consent may be express or implied. Express consent would arise if you specifically consented to a particular dealing in your personal information. Express consent can be given orally, electronically or in writing.
Implied consent can be inferred from the circumstances and, in particular, where the uses and disclosures are readily apparent at the time we collect the personal information. For example, if you send us an email requesting certain information, we will use the email address in your email to send the requested information to you without asking you if we can use the email address for that purpose; your consent will be implied in those circumstances. As well, we will assume your consent to the collection, use or disclosure of your personal information for a particular purpose if you voluntarily provide the information for that purpose.
As well, this Privacy Policy describes certain instances in which we may collect, use and disclose your personal information. By providing personal information in connection with the Services and the Sites, we will assume that you have consented to the collection, use and disclosure of personal information in accordance with the terms set out in this Privacy Policy unless you inform us otherwise.

The Data We Collect

Requirement to have an Account. In order to use certain features and functionality of the Sites you may need to provide certain personal information including name, current addresses, phone numbers and other contact information. We may issue to you a unique “user id” which you will be required to provide each time you use these features and functionality. If you have a user id, then we may collect information about your use of the Sites (whether or not you provide your user id each time) and we may associate this information with your other personal information.

Anonymous Electronic Information. In general, you can browse the Sites without telling us who you are or revealing any personal information about yourself. However, we collect your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Sites, so that data (such as the web pages you request) can be sent to your computer or device.

Cookies. The Sites use “cookies,” which are text files placed on your computer that web pages on the Sites may use to store data on your computer or send data to our web servers. No one else can read these files. Cookies allow our web servers to recognize you when you return to the Sites, so we can retain any preferences you may have selected. We may also use cookies to troubleshoot how the Sites operate, and for internal analysis of how people use the Sites. We may use “persistent cookies” to save your user ID and login password for future logins to the Sites. We may use “session ID cookies” to enable certain features of the Sites, to better understand how you interact with the Sites and to monitor aggregate usage and web traffic routing on the Sites. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the web sites you visit. If you do not accept cookies, however, you will limit the functionality we can provide when you visit and use the Sites, such as the estimate generator.

Additional Electronic Information. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Sites. During your visit to our Sites, we may record choices you have made and use this to provide more customized content or advertising. This is sometimes called “clickstream” data and does not identify you and is not retained after your visit.

The Sites are not designed to respond to “do not track” requests from web browsers.

Location Information. We may collect information about your location if you provide your address or postal code or we may approximate your location based on your IP address. If you provide our mobile applications access to location services on your device, we and our third party providers may collect location data through GPS, Wi-Fi, wireless network triangulation or other similar methods.

Voluntarily Provided. We will collect personal information that you voluntarily provide to us.

Through Your Other Interactions with Us. When you interact with us through certain activities on the Sites or in connection with the Services, such as subscribing to our mailing lists, inquiring about a franchise, making an appointment, and sending messages through the Sites, we may ask you to provide personal and other information. In order to engage in such activities, you will be required to provide information that lets us know the specifics of who you are, such as your first name, last name, e-mail address, phone number, and other information. If such information is required to provide Services to you or where it is optional for you to engage in these activities, then if you do not provide the mandatory information with respect to a particular activity, you may not be able to engage in that activity and we may not be able to assist you in connection with our Services or fulfill the purpose for which you contacted us. You may also limit your ability to use all or a portion of the Sites.

Use of the Data We Collect
In Accordance with Your Consent. We may use your personal information in accordance with the consents that you have provided, whether explicit or implied, including as may be set out in this Privacy Policy.

In Connection with Our Business. We may use your personal information for particular activities, including, without limitation, responding to your inquiries, customer service, providing Services to you, payment processing, collections, marketing and research, sharing your stories that you provide to us, developing and displaying content tailored to your interests, processing your franchise application and contacting you regarding franchise opportunities, providing promotional and other information to you, and contacting you regarding administrative notices or to solicit feedback on your experience with us or one of our franchisees. In particular, set out below are certain circumstances where we may use your personal information without obtaining any further consent:

  • using identification information and contact information, such as your name and e-mail address to provide information about us, the Services and Sites when you request that information;
  • using identification information and contact information, such as your name and e-mail address so that we can identify you and deliver the Services that you request and to communicate with you regarding those Services;
  • using payment method preferences and related financial information that you provide to us so that we can obtain payment for the Services that you request;
  • using information relating to your preferences so that we are able to deliver our Services and in connection with the Sites, to you in accordance with those preferences;
  • using relationship information such as your service requests, instructions, comments and feed back to assist us in delivering Services, including in connection with the Sites, in accordance with your wishes;
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose. For example, if you request a Service from us, we may send you follow up correspondence to ask you about your satisfaction with the Service. Further, we may store your response and use the information in the response when we provide Services to you in the future;
  • using your e-mail address to provide you with information about new features or enhancements to the
  • Services and the Sites;
  • analyzing how personal information is being used to assist us in developing and enhancing our Services and the Sites; and
  • analyzing how personal information is being used to assist us in conducting market analysis and strategic planning.

Location Information. We may use your location information to provide personalized content and advertising, to enhance your experience with the Sites and Services, to allow you to view promotions and products available to you based on your location, to assist us with analytics, and to improve the effectiveness of our Sites and Services.

For Improving our Sites and Services. We may use your IP address and similar web site use information to: (i) help diagnose problems with the Sites, administer and improve the Sites, and measure the use of the Sites; (ii) identify the type of web browsers used, the pages viewed, the web sites from which a visitor found the Sites, and the search terms and search engines used to find the Sites; and (iii) gather other web analytics information relating to visitors’ use and navigation of the Sites. This information does not identify you personally. On occasion we may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, business partners, or affiliates.

The information we obtain using standard Internet technology, such as web beacons and other similar technologies, enables us to customize the services we offer visitors to our Site, to deliver targeted content, and to measure the overall effectiveness of our online content, advertising, or programming or other activities.

We may use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.

Disclosure of the Data We Collect
In Accordance with Your Consent. We may disclose your personal information in accordance with the consents that you have provided, whether explicit or implied, including as may be set out in this Privacy Policy.

In Connection with Our Business. We may disclose your personal information for particular activities, including, without limitation, providing Services to you, payment processing, collections, marketing and research, sharing your stories that you provide to us. In particular, set out below are certain circumstances where we may disclose your personal information without obtaining any further consent:

  • Personal information that is supplied to the Sites will be disclosed in accordance with the description of disclosures as set out in the related documentation for the Sites or as may be readily apparent through the general operation of the Sites;
  • In the event we transfer or are considering transferring control of any or all of our operations or services to another organization, we reserve the right to transfer and disclose your personal information to that organization. However, we will require that the organization agree that it will be similarly bound by the provisions of this Privacy Policy and that it will only use and disclose personal information as we are similarly entitled under this Privacy Policy;
  • In the event we amalgamate with another organization, we reserve the right to permit that amalgamated organization to continue to use and disclose your personal information. However, we will require that the amalgamated organization agree that it will be similarly bound by the provisions of this Privacy Policy and that it will only use and disclose personal information as we are similarly entitled under this Privacy Policy;
  • We may engage certain service providers. Those service providers may provide services to us to assist us in our activities. Other service providers may provide services directly to you at our request. As such, it may be necessary to disclose your personal information to these service providers. Subject to the exceptions described in the section entitled Third Party Organizations below, we will take steps to ensure that these service providers will only use and disclose your personal information as necessary to provide the services and that they will adhere to the terms of this Privacy Policy; and
  • We may work with other organizations towards some common purpose consistent with our objectives. In that case, it may be necessary for us to disclose your personal information to these organizations. However, we will require that these organizations agree that they will only use and disclose your personal information as necessary for the common purpose and that they will adhere to the terms of this Privacy Policy.

Other Uses and Disclosures
Permitted by Law. Privacy law permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in certain circumstances. We reserve the right to collect, use and disclose your personal information in these circumstances without your knowledge or consent, including: (a) in response to a subpoena, search warrant, court order, or other legal process or request; or (b) to protect and defend our rights or property or those of our related entities, franchisees, or business partners, or others.

Safety and Security. We may collect, use and disclose your personal information as needed to protect the safety and security of our business and assets, including our computer systems, software, personal information and data, and to protect our property and our rights and those of third parties.

Monitoring Use. We may monitor your use of the Sites to ensure the proper use and operation of the Sites and your compliance with any terms of use related to the Sites or other related agreements and in connection with the protection of the security and safety of our computer systems, software, personal information and data.

Other than as set forth in this Privacy Policy, we do not sell, transfer, share or disclose personal information to third parties.

Children’s Online Privacy Protection
Our Sites are not directed to children under the age of 13 and we will not knowingly collect personal information from children under the age of 13 on our Sites. If we become aware that we have inadvertently received personal information from a child under the age of 13 on our Sites, we will delete the information from our records.

Security and Accuracy of Personal Information
We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards designed to protect the security of data and personal information. We may transmit your personal data to third parties outside Canada for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, we cannot guarantee against any loss, misuse, unauthorized access or disclosure, or alteration or destruction of data or personal information. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from the Sites, by chat, email or other electronic communications, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, chat, email or other electronic communications, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.

Our Relationship to Other Web Sites
The Sites may contain links to other web sites. If you visit one of these other web sites, we encourage you to review the privacy policy on that web site. We are not responsible for the policies and practices of other web sites, and any information you submit to those web sites is subject to their privacy policies.

We may have functionality on the Sites that is provided, in whole or in part, by a third-party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by us on or near the functionality. In that case, when you use the functionality, you become subject to the terms of use and privacy policy of this third party in addition to the Privacy Policy and Terms of Use of our Sites. In some cases, you may need to visit that party’s web site and locate the terms of use and privacy policy.

Third Party Organizations
We use certain third-party service providers that collect, use and disclose personal information for their own purposes. We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

Privacy Rights and Requests
You may have rights under applicable laws concerning personal information we have collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, to withdraw your consent to our use of your personal information, to ask how we have used your personal information, to ask whether we have shared your personal information, and to whom we have shared your personal information. We will honor your rights to the extent required by us under applicable laws or as we may agree to honor in our sole discretion.

All requests relating to your personal information and any concerns you have relating to our privacy practices can be submitted one of the following ways:

By email: [email protected]

By Mail: ProColor Collision
99 Émilien-Marcoux, Suite #101
Blainville, Québec J7C 0B4 Canada
Attn: Privacy Requests

By telephone: (450) 433-1414

All communications must be in the English language. Please clearly state what information you are requesting and any other requests you are making.

We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law.

If you contact us requesting that we take action regarding your personal information or regarding concerns you have relating to our privacy practices, the requesting email MUST come from the email address we have on file for you in order to verify that the request is valid and also to protect your personal information. All other requests must be made in writing or otherwise be verifiable as originating from you. In order to protect your information and because people may have the same name, we will only provide or delete personal information that we can verify is associated with your particular email address or where we can reasonably identify the identity of the requestor.

For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law, including if: (a) complying with the request may present a threat to the personal safety, property, or rights of any other person or organization; (b) complying with the request may lead to a violation of applicable laws or regulations; (c) we are not required to comply with the request because of a legal rule or exception; or (d) you have failed to provide us with sufficient evidence to verify your identity. We will not delete personal information if that personal information is related to an ongoing transaction. Even after a request, we may also keep personal information where necessary to comply with applicable laws or where necessary to protect a legal right or fulfill a legal obligation or where we are not otherwise required by law to delete the information.

How Long We Keep Personal Information
Subject to applicable law, we retain personal information in accordance with any records retention policy or program we may implement from time to time. We will retain personal information for the length of time necessary to fulfill the purposes for which we collected the personal information or to demonstrate we have fulfilled our duties or obligations, or for retention periods required by applicable law or in which claims may be made or the existence of legal proceedings.

Changes to Privacy Policy
We reserve the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site and the Services to ensure you are aware of current practices. Any use of the Sites or Services following the date on which the revised Privacy Policy is published on this web site shall constitute your acceptance of all such changes.

Limited Nature of this Privacy Policy
Nothing contained in this Privacy Policy is intended to create a contract or agreement between us and you and you may not rely on it as such.

Contact
For questions or comments related to this Privacy Policy, please email us at [email protected]

Last updated: January 25, 2021