Private policy
Last updated June 5, 2023
This Privacy Policy. Thank you for visiting www.arcadiaearth.ca (this “Site”). This privacy policy (this “Privacy Policy”) is provided by AE Toronto, Inc. d.b.a. Arcadia Earth Toronto (“Company”, “us”, “we”, “our”, or words of like meaning) and applies to personal information we collect in connection with this Site. This Privacy Policy sets out and explains the types of personal information we collect in connection with this Site, how we collect, store, use, process, and share that personal information, and with whom we may share it. We appreciate the trust you (“you”, “your”, “yourself”, and words of like meaning) place in us when you choose to access, visit, and use this Site or the websites of our third-party trading partners and service providers (each, a “Third-Party Provider”), and we take our responsibilities regarding your personal information seriously. This Privacy policy describes the measures we take to protect the security of your personal information, and it tells you how you can reach us to ask us to: (a) access, change, or not use the personal information you have provided to us; (b) withdraw any consent you previously provided to us; (c) refrain from communicating with you about our products or services; and (d) answer any questions you may have about our privacy practices. Please read this Privacy Policy carefully so that you understand how we collect, store, use, process, share, and protect your personal information. If you do not agree to our collection, storage, use, processing, or sharing of your personal information or if you do not agree to the terms of this Privacy Policy, you may choose to not provide us with any of your personal information. You may revoke your consent to our collection, storage, use, processing, and sharing of your personal information at any time by notifying us of your revoked consent via email to privacy@arcadiaearth.ca or via our Contact Us page.
Changes to this Privacy Policy. Company reserves the right to change, modify, restate, or replace this Privacy Policy at any time and from time to time, including for the purposes of ensuring that our policies are in line with Canadian privacy law and best industry practices. You should review this Privacy Policy from time to time to ensure that you are aware of and accept any changes made. To obtain a current copy of this Privacy Policy, you may contact us via email at privacy@arcadiaearth.ca or via our Contact Us page.
Personal Information and Privacy Law. In general, “personal information” is information about an identifiable individual, subject to more particular definitions or interpretations under Canadian privacy laws, including the federal Personal Information Protection and Electronic Documents Act (Canada) (PIPEDA) and similar provincial legislation (“Privacy Law”). Privacy Law gives consumers the right to limit the sharing of personal information. Privacy Law requires us to tell you how we collect, use, process, share, and protect your personal information. This Privacy Policy does not apply to any information that is not personal information as defined under Privacy Law.
Children’s Privacy. This Site is not directed to people under the age of 18, and we do not knowingly collect personal information from people under the age of 18 on this Site. If we become aware that we have inadvertently received personal information from a visitor under the age of 18 in connection with this Site, we will delete all such personal information from our records.
Your Consent. Subject to Section 5 (Your Consent – Canadian Residents Outside Quebec), we will only collect, store, use, process, and share your personal information with your express consent or as permitted or required by Privacy Law. If you provide your consent for us to collect, store, use, process, and share personal information about another person, we will assume you have the consent of that individual to enable us to collect, store, use, process, or share their personal information as described in this Privacy Policy. If you provide us with your personal information for a secondary reason (e.g., newsletter subscription or marketing messages), we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent or unsubscribe.
Your Consent – Canadian Residents Outside Québec. Notwithstanding Section 4 (Your Consent), for Canadian residents outside Québec, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. By accessing and using this Site or by clicking on any of the links on this Site or by accessing or using any of the websites of Third-Party Providers or by providing us or Third-Party Providers with personal information for any reason, including to complete a transaction or to verify your credit card, you consent to all such collection, storage use, processing, and sharing of your personal information by us and Third-Party Providers. Your consent to the collection, use, processing, and sharing of your personal information may be implied by the fact that you have provided the information to access or use this Site or the websites of Third-Party Providers or related products and services or where the collection, use, processing, and sharing of personal information is necessary for, or directly relates to, the provision of products and services by us or Third-Party Providers. If you provide us with your personal information for a secondary reason (e.g., newsletter subscription or marketing messages), we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent or unsubscribe. If you provide personal information about another person to us, we assume you have the consent of that individual to enable us to collect, store, use, process, or share their information as described in this Privacy Policy. If you choose to provide personal information to us, we assume that you consent to the collection, storage, use, processing, and sharing of your personal information as outlined in this Privacy Policy.
Revoking Consent. If you do not wish to consent to our collection, storage, use, processing, and/or sharing of your personal information, please do not provide your consent by click on the applicable box or button on the Site and do not provide your personal information to us. If you change your mind about your consent and wish to revoke your consent, subject to Privacy Law, you may revoke your consent at any time by notifying us of your revoked consent via email to privacy@arcadiaearth.ca or via our Contact Us page. We honour and respect all such notices in accordance with Privacy Law. If you revoke your consent to certain uses of your personal information, we and Third-Party Providers may no longer be able to provide you with products and services.
Collection of Personal Information. We collect, store, use, process, share, and protect personal information in accordance with Privacy Law as necessary to, or to enable Third-Party Providers to, offer and provide consumers with products, services, and information and generally to fulfill our responsibilities with respect to our business. When you are no longer our customer, we may continue to share your personal information as described in this Privacy Policy and subject to Privacy Law. We collect personal information directly from you or through our interaction with you, including by way of this Site. We may also obtain personal information about you from other sources, including payment processors, fraud detection partners, and third-party analytics tools. Subject to Privacy Law, the types of personal information we collect from you and third parties may include:
identifying information, such as name, company name, address, mailing address, postal or ZIP code, email address, telephone numbers, contact details and other information required to verify identity and prevent fraud;
certain demographic information, including age, date of birth, gender, employment status, employment information, income, and other similar information;
billing and financial information, including credit and account information, payment method and payment information (such as debit or credit card number and related information), billing and shipping address, billing information, contact information (such as for receipts or order updates), credit reports, credit history, and credit scores;
profile and account information, including contact, purchase, and preference information, information about any purchased or subscribed for products or services, any products or services in your online shopping cart or saved for future purchase, product or service review information, promotional information, and other information about any profile or account you may have with us or any Third-Party Providers;
preference information, such as contact and marketing preferences and product and services interests as well as purchase or order information, such as products or services viewed, purchased, or used;
incidental information relating to interaction with us or Third-Party Providers or the purchase of products or services, including returns, refunds, comments, opinions, evaluations, ratings, disputes, and other information we may collect in the course of providing products or services;
information shared with us or destined to Third-Party Providers;
location information of devices used with this Site or the websites of Third-Party Providers, if device settings allow for the collection of location information;
device and browsing information, including IP addresses, information about your phone, tablet, computer, or device, online browsing activity, unique device identifiers, cookie identifiers, device and browser settings and information, Internet service provider (ISP) information, information about when and how you access and use this Site or the websites of Third-Party providers (such as the date and time of your visit or use), the websites you visit before coming and after leaving this Site or the websites of Third-Party Providers, how you navigate and what you search for using this Site or the websites of Third-Party Providers, the web pages and items and products and services you view using this Site or the websites of Third-Party Providers, and the products and services you purchase; and
any other information that we or Third-Party Providers may collect with your consent or as permitted or required by Privacy Law.
Cookies
We understand that your privacy is important to you, and we are committed to being transparent about the technologies we use. When you visit this Site, our systems track the pages you visit, the pages you download, the websites you came from and your browser type and software. It also notes your IP address. We use cookies, web beacons, pixels, clear gifs, and other similar tracking technologies (“Cookies”), which may be stored on or accessed from your device when you use or visit this Site or any website or app that posts a link to this Site. A Cookie is a small text file that can be stored on and accessed from your device when you visit this Site. It takes up very little room on your system, enables us to collect information about how you use this Site, and helps us estimate the number of people who use our website and which areas of the website are most popular. The use of Cookies enables us to create a more customized experience for you. It allows this Site to recognize your device as distinct from those of other users. Login Cookies eliminate the need for you to re-enter your username and password each time you return to our website. By continuing to access and use this Site, you agree that Company can store and access Cookies.
We use Cookies to, among other things, identify you and your interests, to remember your preferences, to enhance your user experience, for marketing purposes (including targeted ads), to track your use of this Site, for analytical purposes. We or Third-Party Providers may collect information about your online activities in connection with this Site to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party Cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on these websites. This data collection takes place both on this Site and on third-party websites that participate in the ad networks. This process also helps track the effectiveness of marketing efforts.
We may use Cookies to control access to certain content on this Site, to protect this Site, to prevent spam and fraud, for compliance purposes, and to process any requests that you make from us or third parties. We may use persistent Cookies to improve your experience of using this Site. This includes recording your acceptance of our Cookie policy to remove the Cookie message which first appears when you use this Site. Session Cookies are temporary and deleted from your machine when your web browser closes. We use session Cookies to help us track Internet usage.
To administer this Site and for research purposes, we may also contract with third parties to track and analyze statistical usage and volume information from the users of this Site. These third parties may use Cookies to help us improve the user experience on this Site, manage associated content, and analyze how users navigate and utilize this Site. We may contract with third parties to send emails to users who have provided us or such third parties with their contact information. To help measure and improve the effectiveness of such email communications, or to determine whether messages have been opened and links clicked on, such third parties may place Cookies on the devices of these users.
You may refuse to accept Cookies by activating or adjusting the appropriate setting of your Internet browser to reject the setting of all or some Cookies or alert you when a Cookie is placed on your device. However, if you refuse to accept Cookies or use your browser settings to block all Cookies, you may be unable to access or use this Site or the websites of Third-Party Providers or related functionalities (in whole or part). If you want to remove previously stored Cookies, you can manually delete these Cookies at any time. However, this will not prevent this Site or the websites of Third-Party Providers from placing further Cookies on your device unless you adjust your Internet browser setting so that it will refuse Cookies. Unless you have adjusted your browser setting so that it will refuse Cookies, our website and the websites of Third-Party Providers will issue Cookies when you direct your browser to them.
If you have any questions regarding this Cookie policy, please contact us via email to privacy@arcadiaearth.ca or via our Contact Us page.
Use and Sharing of Personal Information. We and Third-Party Providers use your personal information for our business purposes, such as to process transactions you request, protect against fraud, or to respond to court orders or legal investigations, for our marketing purposes in order to offer products and services to you, for joint marketing with Third-Party Providers, to process the transaction that you are requesting, and for us and Third-Party Providers to market to you. Without limiting the generality of the foregoing, the following is a list of some of the ways we use, process, and share your personal information:
to provide and improve this Site and the websites of Third-Party Providers, including the content and the products and services offered to you;
to fulfill your orders, selections, and instructions and process your payments;
to process, maintain, administer, and service any user account you may have with us or any Third-Party Provider from time to time;
to verify the information you provide to ensure it is valid, and to notify you of products and services that we or Third-Party Providers think you may like;
to communicate with you regarding products and services you request and respond to your requests and enquiries;
to administer billing databases and issue and collect accounts;
to provide you with material and information regarding products and services and to inform you of offers and promotions;
to personalize your experiences with us and Third-Party Providers, including remembering your interests and preferences, customizing product and service offerings, facilitating your interactions with third parties, tracking and categorizing your activity and interests (including by identifying the different devices you use), and enriching your experience on this Site and the websites of Third-Party Providers;
to develop and use knowledge management systems that contain personal information about you;
to market and advertise to you, including sending you marketing and advertising communications and customizing the marketing and advertising that we show you;
to understand how you use this Site and the websites of Third-Party Providers and how to improve them;
to manage and administer the business of Company and Third-Party Providers, including to protect you against error, operate and improve lawful business activities, maintain programs, accounts, and records, conduct research, determine your satisfaction with products and services, and detect and prevent fraud or misuse of any of the foregoing;
to defend or protect us, you, and third parties (including Third-Party Providers) from harm or in legal proceedings, protect our and our Third-Party Providers’ rights, protect our and our Third-Party Providers’ security and property, respond to court orders, lawsuits, subpoenas, and government requests, address legal and regulatory compliance, and notify you of product or service or safety issues;
to compile and aggregate information collected by way of this Site; and
to take such actions and do such things as permitted or required by applicable law, including Privacy Law, or for purposes for which you otherwise provide your consent.
Ordering and Purchasing. You may be able to purchase products and services from us and Third-Party Providers on this Site. In order to process your purchases, we may ask for personal information. We use this personal information to process your purchase, confirm your order, and deliver goods to you. If you give us permission, we may use your contact information to communicate with you about our products and services. If you instruct us to do so, we may use this personal information to notify the recipient of your purchase before we deliver it to them.
Customer Service. You may use this Site to communicate with us and Third-Party Providers. If you do so, you may be asked for personal information. We and Third-Party Providers use this information to respond to and communicate with you about your questions and comments.
Site Features. We offer visitors to this Site various features for their information and enjoyment, which we may change from time to time. We may ask you to submit personal information so we can provide you with these features and send you communications about our products, services, and promotions.
Reviews. You may be able to use this Site to submit reviews of products or services you have purchased from us. You may include personal information in your reviews and comments. We use this personal information to identify you as a reviewer or commenter.
Customer Satisfaction Surveys. When you purchase products or services from us, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide personal information together with your comments. Providing any of this personal information is optional. We use this personal information to improve our products and services, and to enhance your customer experience with us.
Commercial Electronic Messages. You may be able to use this Site to sign up on to receive commercial electronic messages (such as newsletters and promotional emails) from us, including new ideas, special offers and event information. To sign up, we may ask you for personal information. We use this personal information to send you commercial electronic messages about our products and services in accordance with Canada’s Anti-Spam Legislation (CASL). You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. There is no charge for you to unsubscribe.
Sharing of Personal Information. We and our Third-Party Providers may share the personal information collected about you to third parties in the following cases:
where we are required or authorized to do so by applicable law or by order of a court of competent jurisdiction;
where it is necessary to collect fees, for instance, to a financial institution or collection agent;
to regulatory or governmental authorities, as required by applicable law;
where you have instructed us to disclose your personal information to a third party for a designated purpose;
where you provide your consent; or
where permitted or required by applicable law.
Where applicable, we will take steps to require that such third parties treat your personal information in accordance with this Privacy Policy and use, process, and share it only for the purposes for which it was collected or otherwise in accordance with Privacy Law. There are instances where we may collect, use, process, or share your personal information without your consent, including to comply with a subpoena or court order or to comply with the rules of court regarding the production of records.
Transfer Outside Québec. If you are a resident of Québec, you should understand that, in operating our business and processing the transactions contemplated by this Site, we may need to transfer personal information outside of the Province of Québec. If so, we ensure that all our Third-Party Providers comply with at least the same privacy standards as set out in Privacy Law. In these circumstances, the governments, courts, law enforcement agencies, or regulatory bodies of that jurisdiction may have access to your personal information under the laws of the foreign country. However, when we deal with a Third-Party Provider, we require that their privacy and security standards comply with (this Policy and) applicable Québec and Canadian privacy legislation.
Security and Fraud. Company takes the security of your personal information seriously. Following industry standards, we take reasonable steps to help protect the confidentiality and security of personal information you share with us. We have implemented reasonable physical, organizational, administrative, and technological security measures to safeguard the personal information in our custody or control. These include safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, including computer safeguards (such are firewalls and secured files), secured buildings, and Secure Sockets Layer (SSL) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure website, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure websites, you will not be able to make purchases on our site. HOWEVER, GIVEN THAT ELECTRONICALLY SUBMITTED DATA IS NOT ONE HUNDRED PERCENT (100%) SECURE, WE MAKE NO WARRANTIES AS TO THE SECURITY OF ANY SUCH PERSONAL INFORMATION THAT YOU SUBMIT BY WAY OF THE INTERNET, INCLUDING BY EMAIL, WHICH YOU DO AT YOUR OWN RISK. We encourage you to take steps to help protect the confidentiality and security of your personal information, including the following:
if you have a user account, reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
using strong and complex passwords (i.e., with a minimum of seven alphanumeric case-sensitive characters);
not using the same password on more than one website;
not sharing your password with others;
password-protecting your computer and mobile device; and
signing out or logging off of website sessions so that your session is closed, especially when using a public computer.
Links and Third-Party Provider Websites. For your convenience, Company and this Site offer links from and to third-party websites. When you click on these links, they will direct you away from this Site. Once you leave this Site or are redirected to a third-party website, you are no longer governed by this Privacy Policy. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PERSONAL INFORMATION COLLECTION, USE, AND DISCLOSURE PRACTICES OF THIRD-PARTY SITES, INCLUDING THOSE OF THIRD-PARTY PROVIDERS, AND WE ENCOURAGE YOU TO READ THEIR PRIVACY STATEMENTS AND POLICIES BEFORE PROVIDING ANY PERSONAL INFORMATION ON THIRD-PARTY SITES.
Third-Party Providers. Company or this Site may transfer your personal information to Third-Party Providers that we work with to administer or provide products, services, or information to you. In general, Third-Party Providers used by us will only collect, store, use, process, and share your information to the extent necessary to allow them to provide you with products and services you requested. We take reasonable measures to require such Third-Party Providers to use your personal information only to provide the products and services you request or to market to you. Third-Party Providers have their own privacy policies governing the personal information we are required to provide to them for your purchase-related transactions or for marketing purposes. For such Third-Party Providers, we recommend that you read their privacy policies so you understand the manner in which your personal information will be handled by them. In particular, please note that certain Third-Party Providers may be located in or have facilities that are located in a jurisdiction outside Canada. As a result, your personal information may be transferred, stored, or processed outside Canada in connection with the purposes described in this Privacy Policy. If you elect to proceed with a transaction that involves a Third-Party Provider, your personal information may become subject to the laws of the jurisdiction in which that Third-Party Provider or its facilities are located, and contractual or other measures we may use to protect your personal information will be subject to the legal requirements of the foreign jurisdictions where your personal information may be transferred, stored, or processed, including lawful requirements to disclose information to government authorities in those countries. For example, if you are located in Canada and your personal information is shared with a Third-Party Provider located in the United States, your personal information may be subject to disclosure under United States legislation, including the Patriot Act.
Your rights. Your principal rights under Privacy Law include the right to access, the right to rectification, the right to erasure, the right to object to processing, the right to data portability, the right to complain to a supervisory authority, and the right to withdraw consent. You have the right to confirm whether we process your personal information and, where we do, access to the personal information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal information concerned and the recipients of the personal information. Providing the rights and freedoms of others are not affected, we will supply you with a copy of your personal information. The first copy will be provided at cost, but additional copies may be subject to a reasonable fee. In some circumstances you have the right to the deletion of your personal information without undue delay, including where the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed, you withdraw consent to consent-based processing, you object to the processing under certain rules of applicable data protection law, the processing is for direct marketing purposes, and the personal information has been unlawfully processed. However, there are exclusions of the right to deletion. The general exclusions include where processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, or for the establishment, exercise, or defense of legal claims.
Accessing and correcting your information. It is important that the personal information Company holds about you is accurate and current. Please keep us informed if your personal data changes. If you want to review, verify, correct, or withdraw consent to the use of your personal information you may contact us via email to privacy@arcadiaearth.ca or via our Contact Us page to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. We will provide access to your personal information, subject to exceptions set out in applicable Privacy Law. Examples of such exceptions include information protected by solicitor-client privilege, information that is part of a formal dispute resolution process, information that is about another individual that would reveal their personal information or confidential commercial information, and information that is prohibitively expensive to provide. If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer via email to privacy@arcadiaearth.ca or via our Contact Us page.
Governing Law. The interpretation, validity, effect, and enforcement of this Privacy Policy, and any and all disputes arising out of or in connection with this Privacy Policy, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any office of Company or any of its affiliates or any Company personnel with whom you may communicate or deal. NOTWITHSTANDING THE FOREGOING, FOR QUÉBEC RESIDENTS USING THIS SITE, THE LAWS OF THJE PROVINCE OF QUÉBEC AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WILL GOVERN THIS PRIVACY POLICY.
Forum. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding in connection with this Privacy Policy and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. NOTWITHSTANDING THE FOREGOING, FOR QUÉBEC RESIDENTS USING THIS SITE, THE DISPUTE MUST BE RESOLVED BEFORE THE QUÉBEC COURTS.
Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by applicable law, you waive the right to a trial by jury in respect of any and all disputes arising from or in connection with this Privacy Policy. NOTWITHSTANDING THE FOREGOING, FOR QUÉBEC RESIDENTS USING THIS SITE, THERE IS NO JURY TRIAL WAIVER UNLESS WHEN ALLOWED BY QUÉBEC LAWS.
Admissibility. A printed version of this Privacy Policy and of any notice given in electronic form will be admissible in judicial proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contacting Us. If you have any questions about this Privacy Notice, please email our Privacy Officer at privacy@arcadiaearth.ca or contact us via our Contact Us page. To revoke your consent to our collection, use, processing, and sharing of your personal information, you may notify us at any time of your revoked consent via email sent to privacy@arcadiaearth.ca or via our Contact Us page .
AE Toronto, Inc. d.b.a. Arcadia Earth Toronto
100 King Street West, 1 First Canadian Place, Suite 6000, Toronto, ON M5X 1E2
