© BG Communications International Inc. 2019 

Privacy policy

Updated November, 2018

Thank you for visiting the Website (the “Site”) of BG Communications International Inc. (“BG Communications,” “we” or “us”) and for your interest in the services we offer. Your privacy is important to us and we want you to feel comfortable visiting the Site. In view of this, we have created this Privacy Policy (the “Policy”). Please review it carefully.

BG Communications controls and operates the Site from its office in Canada and does not represent that materials on the Site are appropriate or available for use in other jurisdictions. BG Communications treats personal information in accordance with applicable data protection and privacy laws and is committed to protecting the privacy of certain data that are collected from you and that you submit when you access the Site. We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to the highest standards of privacy. The following outline is intended to familiarize you with our policies regarding the collection, use, disclosure, maintenance, and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore should not be considered a complete representation of our practices.

By accessing and using the Site, you are indicating your agreement this Policy.

If you have any questions or concerns about any of our practices, please contact us at info@bgcommunications.ca.

 

Who is this website for?

This website is primarily for use by people located in Canada and for services delivered in this country.

What is personal information?

Any information that can be used to identify you.

What personal information do you collect and use?

We collect and use any information that is necessary to provide the services required.

How do you make sure that my personal information is kept safe?

We have robust security systems and procedures in place to ensure that your information is safe from any foreseeable risk of breach or misuse.

How long do you keep this personal information?

We keep the information as long as we deem it necessary with regard to the purpose for which it was collected.

Who do you share this personal information with?

We may share this information with affiliates and third-party providers in relation with services you request from us, as well as with governmental entities and courts if we are compelled to.

How can I access my personal information or ask that it be corrected?

You can contact us to request access to all the personal information on you that we have. If some of this information is incorrect, you can ask us to correct it, which we will do within 30 days (whenever possible).

 

1. What are the purpose and the scope of this Policy?

This Policy applies to personal information that BG Communications collects in the course of operating its business in Canada, including through the Site.

The term “personal information” refers to information such as your name, email address, mailing address, or telephone number that can be used to identify you as well as information we collect and maintain in combination with information that can be used to identify you.

The Site is intended primarily for the use of persons located in Canada and for the delivery of services within this country. This Policy does not apply to any information that is exempted from the definition of “Personal Information” in applicable privacy legislation.

This Policy describes the types of personal information that BG Communications collects, the methods of collection, and the purposes for which BG Communications may use, share or disclose such information.

By using the Site, you consent to the collection, use and disclosure of personal information as set forth in this Policy.

2. Accountability

BG Communications is accountable for all personal information under its control. This includes personal information under our direct control, as well as personal information that we may transfer to our affiliates or third-party service providers for any purpose that enables or facilitates our business operations. We use contractual or other appropriate means to require third parties that provide services on our behalf to maintain a level of privacy protection comparable to our own.

Numerous individuals within BG Communications are responsible for the day-to-day collection and processing of personal information, including our sales associates and account managers, our administrative personnel, and our IT administrator.

BG Communications has designated a Privacy Officer who is accountable for the handling of all personal information under BG Communications’ control and for ensuring compliance with the principles set out in this Policy. The contact information of our Privacy Officer can be found at section 12 of this Policy.

3. What information do we collect about you?

Either before or when we collect personal information from you, we will explain how we intend to use and disclose it. We will limit the collection of personal information to that which is necessary to accomplish the identified purposes for which it is collected and will use and disclose it only for those purposes. If we wish to use or disclose your personal information for a new purpose, we will obtain your prior consent, unless such consent is not required by law.

As you are probably aware, in the course of our relationship with you, we may collect information from a variety of sources. We collect this information in order to carry out our business operations, to provide you with the highest quality of service, to conduct research, and for internal reporting purposes.

Most of our information comes directly from you. We collect personal information about you when you register with us (i.e. by registration form or signing up for a newsletter) or when you request a quote, complete a customer satisfaction surveys, provide feedback, or participate in contests. If you choose to withhold any personal information requested by us, it may not be possible for you to use or gain access to certain parts, services or features of the Site or for us to respond to your requests.

We also collect personal information from you when you:

  • Contact us or make an inquiry about any of our services;

  • Communicate with our project managers; and

  • Engage with us on social media.

By using our Site, certain technical and other information is automatically disclosed by your computer to and logged by us (such as your network address, your browser type, and the website that referred you to our Site) for operational and security purposes and to better understand the usage of our Site. This means that when you visit the Site, our web server automatically records your IP address, your operating system version, the website from which you came to the Site, the type of browser software you are using, and so forth. It also records the pages you visit within the Site, on what date and for how long. Such information is used to help us improve the contents of the Site and to compile anonymous aggregated statistics about the use of the Site for internal and market research purposes. While all of this information can be associated with the IP address of your computer at the time you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site or that BG Communications may store about you for any other purposes. We also collect information about your website usage by using cookies. For details, please refer to the Cookies section of this Policy.

4. How will we use the information about you?

Your information will be used for the purpose (i) indicated in this Policy at the time of its collection; (ii) that is evident from the circumstances; or (iii) that is provided for by law. It will be used to administer, support and obtain feedback on our services and to prevent breaches of security, the law or our contract terms.

In addition, we may use your personal information to administer your account, contests, promotions, and surveys, to provide customer service, to perform data analysis service, to protect against error and fraud, to protect the security and integrity of the Site and our business, to provide you with information about services you may request, and to meet legal requirements. We may also use it to market services which we think may be of interest to you (including by way of email) or to communicate with you. If you wish to opt out from receiving such communication, please inform us using the following email address: support@bgcommunications.ca.

Any communication or material transmitted to BG Communications by electronic mail or other electronic device, including any data, questions, comments, suggestions or the like and that is not evidently confidential in nature will be treated as non-confidential and non-proprietary. You agree that BG Communications may use such communication or material for the purposes outlined herein.

We will maintain the personal information you provide for so long as we, in our sole discretion, believe it is necessary or appropriate to carry out the purposes for which the information was collected, or to comply with applicable laws, contracts or other rules or regulations. Personal information that is no longer required to fulfill the identified purposes is destroyed or permanently deleted to prevent unauthorized parties from gaining access to it.

5. Consent

Depending on the circumstances and the sensitivity of the information, we may obtain your consent to the collection, use, and disclosure of your personal information in different ways. Express consent may be obtained verbally, online, or in writing. Implied consent may be obtained when you approach us to obtain information, inquire about or request services from us, or through your use of a service or the Site.

You may withdraw your consent to our collection, use, and disclosure of your personal information at any time, on reasonable notice, subject to legal or contractual restrictions. We will inform you of the implications of doing so. For instance, withdrawal of consent may make it impossible for us to provide certain services to you.

If you have opted in to BG Communications’ email list, you may unsubscribe from such emails by using the link contained therein or by contacting BG Communications’ customer service by any of the means indicated on the Site.

 

We will not refuse to provide a service to you if you choose not to provide us with your personal information unless the failure to provide such information makes the service impossible.

6. Information sharing I Data transfer abroad

BG Communications will not trade, rent, license or sell your personal information to third parties.

In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, as we deem necessary. We will not disclose your information for any purposes other than those in conjunction with the business activities requested of us, unless otherwise permitted or required by law. The business activities include the provision of administration and other related services and performing other functions of our business. Affiliated entities are those within the BG Communications family of companies, while non-affiliated entities are those outside of the BG Communications family of companies with which we conduct our activities. As BG Communications is a global and worldwide acting company, we may disclose your personal information to other BG Communications affiliates worldwide that may use such personal information for the purposes listed in this Policy, but also agree to treat it in accordance with this Policy and applicable laws.

Your personal information may be disclosed to third parties if we are required to do so by the law or because of an overriding interest of BG Communications.

Your information may also be disclosed to third parties, including abroad, who act for us or on our behalf, for further processing in accordance with the purpose(s) for which it was originally collected. Your information may be lawfully processed by third parties for services delivery (e.g. evaluating the usefulness of the Site, marketing, data management or technical support). These third parties may only process your information in the same way as BG Communications is permitted to process it. We require all service providers to keep your information confidential and secure, and to have privacy policies and practices with respect to personal information that are comparable to ours. In addition, we require that our service providers not use or disclose the personal information for any purpose other than providing the services on our behalf, except as may be required by law.

BG Communications may transfer any information we have about you in connection with a potential or actual merger, amalgamation, acquisition, disposition or sale, of all or part of our business or assets.

7. Links to other websites

This Policy applies only to the Site. We may provide links to other websites which we believe may be of interest to you. However, due to the nature of the Internet, we cannot guarantee the privacy standards of such websites or assume responsibility for their contents.

8. Cookies

 

When you visit the Site, we may store some data on your computer in the form of a “cookie.”


A cookie is a small piece of text that a website places in the cookie file of your browser and that allows the Site to recognize your personal computer next time you visit the Site.

Cookies by themselves do not disclose your email address or otherwise identify you personally. Cookies cannot be used to run programs or deliver viruses to your computer. BG Communications only uses cookies in accordance with applicable laws.

However, please be aware that disabling or deactivating cookies on any device may result in a reduced availability of the services provided by the Site or in parts of the Site no longer functioning properly.

For further information on cookies, visit www.allaboutcookies.org or www.aboutcookies.org.

9. Security measures to protect your personal information

BG Communications uses appropriate security measures in order to reasonably protect your personal information against unauthorized access or alteration, accidental or intentional manipulation, loss, and destruction. For example, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, email and voicemail, video surveillance, and other physical, electronic, and procedural safeguards.

10. Access to and accuracy of personal information

You may request access to your personal information, as well as an account of our use and disclosure of that information, by contacting our Privacy Officer in writing. In order to verify that the information is being released to the proper individual, you may be asked to identify yourself. We will respond to your request within 30 days and we will advise you in advance if a reasonable charge will be required for the communication of such information. In certain circumstances, access to personal information may be denied. If we deny your request for access to your personal information, we will advise you in writing of the reason for the refusal, unless we are prohibited by law from doing so.

You are entitled to challenge the accuracy and completeness of your personal information and have it amended as appropriate. In most cases, BG Communications relies on you to provide any updates to, or correction of, your personal information. Where personal information is used on an ongoing basis, BG Communications undertakes to correct any information that is shown to be inaccurate, incomplete, or not up-to-date. Otherwise, we do not routinely update personal information unless it is necessary to fulfill the purposes for which the information is collected.

You may request that any of all of your personal information be destroyed or permanently deleted from our records. Upon such a request, BG Communications will make reasonable efforts to do so, provided that the retention of such information is not required by law or for any other lawful business purpose, such as the investigation of claims or the defence of an action.

11. Changes to the Policy

BG Communications reserves the right to change this Policy at any time, in which event the Site will contain a notice of the change. Changes will be effective immediately upon posting to the Site.

 

12. Contact Our Privacy Officer

 

If you wish to challenge our compliance with this Policy or have any questions, comments or concerns about this Policy or our privacy practices, please contact BG Communications’ Privacy Officer by using the contact information provided below. All complaints will be investigated. If BG Communications finds a complaint to be justified, appropriate measures will be taken, including amending our policies and practices if necessary.

 

BG Communications International Inc.

555 Chabanel West, Suite 1501, Montréal, QC, H2N 2J2

Attn: Maryse M. Benhoff, Privacy Officer

[Telephone: + 1 514 376 7919]

[Email Address: info@bgcommunications.ca]

If you are not satisfied with our response, you can refer the matter to the Office of the Privacy Commissioner of Canada (OPCC), which investigates complaints under the Personal Information Protection and Electronic Documents Act (PIPEDA). The OPPC can be reached at:

Office of the Privacy Commissioner of Canada

30 Victoria Street

Gatineau, QC, K1A 1H3

1-800-282-1376

Website: http://www.priv.gc.ca

 

If you are located in Québec and are not satisfied with our response, you can also file a complaint with the Commission d’accès à l’information du Québec (“CAI”). The CAI investigates complaints under the Act respecting the protection of personal information in the private sector. The CAI can be reached at:

 

500 René-Lévesque Blvd. West, Suite 18.200

Montréal, QC, H2Z 1W7

514-873-4196

Website: 

*****

This Policy is governed by the internal substantive laws of Québec and Canada, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the provincial and federal courts within Québec and Canada. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.

Website Terms and Conditions

Updated November, 2018

 

Access to the website (the “Site”) of BG Communications International Inc. (“BG Communications”) is subject to the following legal terms and conditions (the “Terms and Conditions”). BG Communications controls and operates the Site from its offices in Canada and does not represent that materials on the Site are appropriate or available for use in other locations.

BG Communications treats personal data in accordance with applicable data protection laws. For further details, please refer to our Privacy Policy.

1.      Access and Acceptance

By accessing the Site, you accept these Terms and Conditions without limitation or qualification. Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. We recommend that you also read our Privacy Policy.

We also recommend that you print the full Terms and Conditions by selecting the print option in the File menu of your browser.

2.      Purpose and Use

The content and information posted on the Site are provided as information to interested persons and may be used for informational purposes only. Information on the services may pertain to limited geographic areas and markets. A reference to a service on the Site does not imply that such service is, remains, or will be available in your location.

3.      No Offer

None of the content and information posted on the Site may be deemed to constitute an offer by BG Communications. BG Communications expressly reserves the right to decline any request made on the basis of the content of the Site for a tender by BG Communications. Orders for BG Communications services may be requested using the Site, but need to be confirmed by BG Communications project managers.

4.      No Liability

BG Communications expressly disclaims any liability for damages in connection with the access or use of the Site to the fullest extent permitted by law.

BG Communications is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions. Any reliance on the material on the Site is at your own risk.

The Site may contain certain historical information. Historical information is by definition not current and is provided for your reference only. The content of the Site may include inaccuracies or typographical errors. Changes are periodically made to the content of the Site. Advice received via the Site should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

To the maximum extent permitted by applicable law, in no event shall BG Communications and/or its suppliers or third-party content providers be held liable for any damages or claims whatsoever in any way connected to problems with the use or performance of the Site, BG Communications email addresses, or related services, whether based on contractual or extra-contractual liability, even if BG Communications or any of its suppliers has been advised of the possibility of damages. If you choose to download material from the Site, you do so at your own risk. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the Site or with any of these Terms and Conditions, your sole and exclusive remedy is to stop using the Site.

5.      No Warranty

The laws of certain jurisdictions, including Québec, do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the exclusions or limitations in these Terms and Conditions may not apply to you, and you may have additional rights.

The content and information posted on the Site are provided to you “as is” and “as available,” without warranties or representations of any kind. BG Communications disclaims and excludes any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the fullest extent permitted by law.

In particular, BG Communications makes no warranties or representations, express or implied, as to the technical accessibility, accuracy, fitness, quality, completeness, suitability, reliability, availability, timeliness, or flawlessness of the Site or its content.

BG Communications and/or its suppliers hereby disclaim all warranties and conditions with regard to this content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. BG Communications makes no warranties or representations that your use of content and information posted on the Site will not infringe rights of third parties.

6.      Intellectual Property Rights I Copyright and Trademark Notices

This Site and its content are protected by copyright and/or other intellectual property laws. The trademarks, logos, service marks, business names, all related service names, slogans, images, text, illustrations, designs, downloads, icons, photographs, programs, video clips, and written and other materials that are displayed on the Site are subject to Intellectual Property Rights and remain our property.

“Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks, trade names (whether registered or unregistered), and other similar rights, together with the right to apply for the protection of any such rights, owned by or licensed to BG Communications or one of our affiliates.

All designs, text, or graphics as well as their selection and arrangement and all software compilations, underlying source code, software, and all other material on this Site are our copyright or are the copyright of its content and technology providers. All rights are reserved.

Any unauthorized use of content or information posted on the Site as well as any unauthorized reproduction, retransmission, or other use of any part of the Site may infringe BG Communications’ or third parties’ copyrights, trademarks, privacy, publicity, or other rights and is not permitted. Requests for reproduction and retransmission permissions may be addressed to info@bgcommunications.ca.

7.      Links

The Site may contain third-party content or provide links to other websites. BG Communications has no control over such websites and you access third-party websites at your own risk.

The links from BG Communications Site to other websites are provided for your information and convenience only. BG Communications has not reviewed any third-party webpages and websites which contain links to the Site. BG Communications is not responsible for the content of any such off-site webpages or any other website linked to the Site.

BG Communications is not responsible for the availability of such external websites and resources and does not endorse and is not responsible or liable for any content, products, or other materials available from such websites. Framing, deep-linking, scraping, etc. of any of the Site is not permitted and BG Communications has no liability for such actions. For further details, please refer to our Privacy Policy.

8.      No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to BG Communications that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You are prohibited from violating or attempting to violate the security of the Site in any way. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to scrape, navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers.

If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Site. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.

9.      User Comments

For all comments disclosed, submitted, or offered to us on or through the Site, by email, or telephone or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”), you grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and licence to use the Comments however we see fit, including, without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works and/or distribute such Comments and/or them incorporate into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Comments you submit.

BG Communications and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

10.  Revisions to the Site and the Terms and Conditions

BG Communications may in any way, at any time, for any reason, without prior notice and at its discretion modify, add or remove or otherwise update the Site and the details displayed on it, including these Terms and Conditions. If we update these Terms and Conditions, we will post the new Terms and Conditions on the Site and note the date that they were last updated. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes. As such, you agree to be bound by the revised Terms and Conditions when you use the Site.

11.  Consequences

If we become aware that you have violated these Terms and Conditions, we may take immediate corrective action, including preventing you from using the services offered by BG Communications and removing any information, data and content put on the Site by you, at any moment and without notice. If we have suffered damage(s) in relation to your non-compliance with these Terms and Conditions, we may, in our sole discretion, seek to recover damages from you.

The delay or failure by us to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

12.   Applicable Law and Place of Jurisdiction

To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the Province of Québec and you hereby consent to the exclusive jurisdiction and venue of courts in Québec in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

In the event of any conflict between the English version of these Terms and Conditions and any translation of them, the English version will prevail.

[It is the express wish of the parties that these Terms and Conditions all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.]

13.  Indemnification

You agree to indemnify, defend and hold harmless BG Communications and its affiliates along with their respective officers, directors, employees, contractors, agents, licensors or suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

14.   General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BG Communications as a result of Terms and Conditions or use of the Site.

BG Communications’ performance of the Terms and Conditions is subject to existing laws and legal process, and nothing contained in the Terms and Conditions affects BG Communications’ duty to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BG Communications with respect to such use.

If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.

Unless otherwise specified herein or agreed to by the user, the Terms and Conditions constitute the entire agreement between the user and BG Communications with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BG Communications with respect to the Site. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.