Effective:  June 2019
Revised:    July 2021

1.     Introduction
Each of Bath Fitter Distributing Inc. (“BF Distributing”) and its affiliates (which shall include any entity that directly or indirectly (including through one or more intermediaries), controls, is controlled by, or is under common control with BF Distributing, each a “BF Affiliate”, and collectively the “BF Affiliates”), and Bath Fitter® franchisees, who either post this General Privacy Policy on their websites, or use Website (as defined herein) as their website (the “Franchisees”, and collectively with BF Distributing and the BF Affiliates, and/or individually, “BF Group” “our”, “us” or “we”) values and respects the privacy of its customers and the visitors of the https://www.bainmagique.com/ website (the “Website”). The purpose of this General Privacy Policy (the “General Privacy Policy”) is to provide you with information about how BF Group collects, uses, and shares information it gathers from customers and Website visitors.  The General Privacy Policy also describes the choices you can make about our use of your information.  Our collection efforts are designed to improve the purchasing experience of customers and visitors, and to provide relevant information about our products, services, and promotions.

IF YOU ARE A CLIENT AND PROVIDE PERSONAL INFORMATION ON THE WEBSITE, OR IF YOU ENTERED INTO AN AGREEMENT, OR INTERACTED WITH US IN SUCH A WAY THAT YOU HAVE PROVIDED YOUR PERSONAL INFORMATION TO US, YOU HEREBY AGREE THAT YOUR PERSONAL INFORMATION BE HOSTED, TRANSFERRED, STORED AND FURTHER PROCESSED IN CANADA, AND/OR IN THE USA AND/OR VIA CLOUD COMPUTING.


2.     About This General Privacy Policy
This General Privacy Policy describes the privacy practices adopted by BF Group. However, this General Privacy Policy does not apply to Bath Fitter® franchisees, other than Franchisees, or personal data processed as a result of your visit to third-party websites accessible through our Website.
The General Privacy Policy covers our interactions with customers and visitors, including, but not limited to:
·      Use of our Website, including the mobile interface;
·      Entering into any agreement with BF Group;
·      Visits to our stores or attendance at one of our events;
·      Any type of communication;
·      Social media interactions with us on our Website and other third-party websites, such as, but not limited to Facebook, YouTube, Pinterest, Google+, Instagram and Twitter;
·      Viewing our online advertisements or emails; and
·      Any interactions with or through our authorized Service Providers (as defined herein).


3.     Information We Collect
Contact information
We collect the names, cell or home phone numbers, email and/or postal address of customers and/or potential clients, who placed an order with us, entered into any agreement with us, completed our online form for a free in-home consultation, or contacted us for any reason. Additionally, we may collect your purchase history, billing addresses and other digital contact information. We may also collect information that you provide to us about others.

Payment Information
When you make a purchase, we may collect your payment information, including information from your credit or debit card, check, PayPal account or gift card. If you apply for a BF Group-administered loan or financing, we might collect any other information related to your application.

Demographic Information
We may collect information about reviews you submit and other data like your age and gender.

Location Information
If you use our mobile website (including the Website), mobile applications, or other smart device applications, we may collect location data obtained from your device. If you use our Website, we may collect location data obtained from your IP address.

Usage Data
We collect and process usage data that includes information about how you use our Website, products and services.

Aggregated Data
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data, but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this General Privacy Policy.

Social Media Information, and Information Provided Electronically
If you interact with us on social media, such as, but not limited to Facebook, YouTube, Pinterest, Google+, Instagram and Twitter, we may collect your user name, other identifiable personal information, and any of the information or content that you provide through our Website, device applications, or online forums.

Technical Data
We collect technical data that includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform (collectively, the “Technical Data”), and other technology on the devices you use to access this Website.

Employment Information
If you apply for an employment opportunity, we may collect certain personal information that you provide to us (whether it be in a resume, cover letter or similar employment-related materials, or any applicable pre-screening questions). With respect to our current respective employees, we collect their personal information for employment-related purposes, as permitted by applicable law. We may also collect personal information of our respective employees when it is necessary for rendering services by BF Group.

Information Collected Through the Free In-Home Consultation Form
The Free In-Home Consultation is an optional form to fill out if you are interested in a BF Group product.  You do not have to fill out the form to browse our Website online.  When filling out the form, you are asked for personal information such as your name, address, phone number and email address that you select.  This information may be used to help our sales representatives contact you to answer any questions or provide you with a free in-home consultation appointment.

Other Information
When necessary or advisable, we may collect your electronic signature. If you use our Website, we collect your IP (Internet Protocol) address and other related information like the type of browser and operating system you are using. We might also track the pages you visit, look at which website you came from, or which website you visit when you leave us. We collect this information using the tracking tools described in the “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” section of this Privacy Policy.


4.     How Information is Collected
We collect information directly from you or from others if they provide your information to us.
To illustrate the manner we collect personal information, below we list just some examples of how and when we may collect information from you:
·      During your Website visit or through a completed form;
·      If you upload or share a photo, submit a request, submit any information, or post other digital content through Website, applications or via social media interactions on third-party websites like Facebook or Twitter;
·      If you register for a referral program or apply for a BF Group managed loan or financing;
·      If you participate in a survey, provide feedback regarding BF Group services, or decide to post a review;
·      If you participate in a sweepstakes, contest, promotion, program, clinic or workshop;
·      If you request a quote, warranty or other information;
·      If you use a rebate;
·      If you apply, inquire about employment, or when you accept our employment offer; or
·      In connection with your interactions with us as a registered user of our Website.

We may collect your personal information through automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. Please see the “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” section of this Privacy Policy for more details.

We may get information about you from other sources, such as third-party business partners, such as Google Analytics.  We may collect information about you from a friend or other relative.  For example, if your friend provides your personal information through one of our refer-a-friend type features.  If you use one of these features, please ensure that you only submit email addresses and other personal information of individuals, with whom you have a close personal or family relationship, who would be interested in receiving the communication, and who have authorized you to share their email address and other personal information.


5.     How We Use Information
We use the information we collect for our business purposes, including:

To respond to your questions and requests.
Examples include:
·      Fulfilling orders, ensuring proper delivery/installation or providing services (e.g. delivering an electronic copy of your receipt)
·      Administering your participation in a contest, sweepstakes or other promotion, including shipping any prizes you might have won
·      Registering you for a particular website, referral program, or extended warranty service or providing you with information regarding programs or services
·      Processing a service request
·      Responding to a product or service review

To enter into an agreement with you.
We may use your information to negotiate an agreement with you, enter into an agreement with you, and store the agreement for our records.

To improve our products and services.
We may use your information to make Website, device application, or product and service improvements.

To look at Website and device application trends and customer interests.
We might use your information to customize your experience with us. We may collect information about your activities and interactions with various devices and link that information.  Through cross-device linking, we provide customers with a consistent experience across devices used.  We may also combine information we get from you with information about you we have received from third parties or publicly available sources to assess trends and interests.

For security and loss prevention purposes.
We may collect/use your information to protect our business, our facilities, customers, our respective employees or our Website. For example, we might use cameras in our stores to track store traffic and stock.

For our marketing.
In certain circumstances, we may send you communications about special promotions or offers via regular mail, email, or other electronic channels, including ads on social media platforms.  We may send you emails if you have registered on Website, indicated that you want to receive this information, or if we allow you to opt out from such correspondence, or if you gave us your information at one of our stores or events.  We may also notify you of new Website features or product and service offerings. To manage our communications with you, follow the instructions in the “Privacy Preferences” section of this General Privacy Policy below.  We may use information collected across different online services and the various devices you use in order to deliver marketing communications (including online ads) based on your interests. For example, if you view a product on our Website, you may see ads for that product on our or third-party websites and applications.

To communicate with you about your account, our programs, your feedback, and any rebates.
We may contact you to inform you about changes to this General Privacy Policy, the Terms of Use of our Website or device applications, or changes to any of our programs in which you might be enrolled. We may also tell you about issues with your orders or if there is a product or service rebate, or we may ask for your feedback or review of services rendered by BF Group.

For employment purposes.
We may use the personal information you provide in connection with a job application or related inquiry for the purpose of processing and responding to your application or inquiry. We may further use your personal information when you accept our employment offer to comply with obligations imposed on BF Group by applicable law, or when it is necessary for rendering services by BF Group.

For social media.
When you engage with our content through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain social media account information (e.g., name, username, email address, gender) as determined by the settings of the social media services to deliver the content or as part of the operation of the Website, plug-in or application.  Social media platforms may collect information about your use of our services and may notify other users of the platform about your activities on our Website and device applications.  Social media services may also use cookies or other technologies to provide services or track your online activities over time and across multiple websites and device applications. Your interactions with social media features are governed by the respective privacy policies of the companies providing the features.

For other uses we may disclose to you.
We may also use your personal information, as permitted or required by applicable law, including but not limited to, upon receiving your consent.


6.     Information Sharing
We may share your information for our business purposes and as legally required or permitted, including, but not limited to:

With third parties, who perform services on our behalf (the “Service Providers”).
We share information with our Service Providers, such as Horizon Next, Google, Quanticmind, Bing, and Hotjar. We might also authorize our Service Providers to collect information on our behalf.  Some Service Providers may be located outside of the United States and/or Canada.  These Service Providers also have their own privacy statements that stipulate the manner, in which they will collect, use and disclose (process) personal information.  We encourage you to review each Service Provider’s privacy statement. We might also share information with the vendors and manufacturers of our products and services to respond to your reviews and questions.

To offer financial products.
We use Service Providers to offer financial products, such as Wells Fargo, Snap, Greensky, Aqua Finance, Fortiva & Genesis Creditloans/financings. We may share personal information about you with these Service Providers in order to provide you with tailored information about products and services and special offers.  These Service Providers also have their own privacy statements that stipulate the manner in which they will collect, use and disclose (process) personal information.  We encourage you to review each Service Provider’s privacy statement at the time you submit your application for financial products.

With any successor to all or part of our business.
We may share, sell or disclose your information in case all or part of our respective business is sold, or in the course of preparation for or as part of that transaction.

In order to comply with applicable law.
We will disclose information to respond to a court order or subpoena.  We may also disclose information if a government agency or investigatory body files a request.

With our business partners.
We might share information with one of our franchisees or a business partner, who is running a joint promotion with us, who provides a product or service in partnership with us, who is collecting from clients and prospective clients reviews of our services or feedback thereon, or with whom we share personal information of clients and prospective clients due to the overlap between the location of business partners, and residency of such clients and prospective clients (so-called “lead sharing”).  These franchisees and business partners should also have their own privacy statements that set out the manner, in which they will collect and disclose personal information.  We encourage you to review each such franchisee or business partner’s privacy statement before signing on with them.

To protect us, or a third party.
We will disclose information if we suspect fraud, or in any other case to protect us, or any third party.  We will also share information as part of an investigation.  We may also disclose personal information to assist us in collecting a debt owed by you.

By your request.
For example, if you ask us to provide your information to a third-party to facilitate the resolution of a dispute.


7.     Your Privacy Preferences
You can register or change your preferences to receive or not receive marketing communications from us by emailing us.  Please allow sufficient time for your preferences to be processed.  Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, responding to customer service inquiries, asking you to review a product or service you have ordered, or notifying you of product or service rebates. If, in the future, you do indeed want to receive marketing communications from us we will remove your information from our opt-out database.

For more information about how we may collect information to provide you with interest-based ads or learn about our users’ interests and how you may register your preferences regarding that collection, please read the “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” section of this Privacy Policy for more details.


8.     Our Sites and Children
Our Website and device applications are not created for children.  No one under age of 16 may provide any information to us or on Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@bathfitter.com. 
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” below for more information.


9.     Your California Privacy Rights
Not Applicable


10.  Security
While we use industry standard means to protect our Website and your information, the Internet is not 100% secure.  The measures we use are appropriate for the type of information we collect.  We cannot guarantee use of our Website or mobile applications are 100% secure. We encourage you to use caution when using the Internet.

Links
Our Website contains links to third-party websites.  If you click on one of those links, you will be taken to websites we do not control. This General Privacy Policy does not apply to the information collected or processed by those websites. You should carefully read the privacy policies of other websites.  We are not responsible for third-party websites.


11.  Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools

Tracking Tools We Use, Cookies
We collect personal and other information about users over time and across different websites, including cookies, browser and flash cookies, web beacons, and server logs and other similar technologies to collect your information passively and other devices when you use this Website or service.

We (and our third-party Service Providers) use cookies in order to:

• Distinguish you from other users of the Website. This helps us provide you with a good experience when you browse the Website and also allows us to improve it;
• Track new visitors to our Website;
• Recognize returning customers;
• Learn what site referred you to our Website or device application;
• Personalize your experience on our Website, device application and on third-party social networking websites, plug-ins and applications;
• Collect and store geographic data determined by the IP address of your computer;
• Optimize and tailor our Website and device applications;
• Make product recommendations and provide you with advertising content we believe may be of interest to you. As part of this customization, we may observe your behaviors on our device applications, our Website or on other websites. We may also get information about your browsing history from our trusted business partners and vendors so we can better understand our audience, our customers, our Website visitors and device application users, and their respective interests, which includes learning about your online activities across devices.

We or third parties may also collect or receive information from our device applications and others’ device applications and use that information to provide measurement services and targeted ads. 

We only place cookies where you have given us consent to do so. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of the Website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer.  Cookies contain information that is transferred to your computer’s hard drive. All cookies will expire after a two-year period.
We use the following cookies:

·      Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily;
 
·      Functionality cookies. These are used to recognize you when you return to the Website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region);
 
·      Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
 
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:


 
We may also receive Technical Data about you if you visit other websites employing our cookies. We also have third parties that collect personal information this way, or our vendors, use several common online tracking tools to collect this information.  

Controlling Our Tracking Tools
Your browser may give you the ability to control cookies, and browser add-ons like Ghostery allow you to decide which cookies to activate/deactivate.  How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies.  To control flash cookies, click: http://www.macromedia.com/support/documentation/en/flashplayer/
 
Why? Because flash cookies cannot be controlled through your browser settings. Your device may not give you the ability to control cookies. If you configure your computer to block cookies, you will limit the functionality we can provide when you visit our Website.  If you configure to block or delete cookies, not all of the tracking that we have described in this General Privacy Policy will stop.

Our “Do Not Track” policy: Some browsers have a “Do Not Track” feature that lets you inform Website that you do not want to have your online activities tracked.  These browser features are not uniform, so we are not currently set up to respond to those signals.

Controlling Online Interest-Based Ads
We sometimes work with online advertising vendors to provide you with relevant and useful ads.  This may include ads served on our Website or device applications.  This may also include ads served on other websites.  These ads may be based on information collected by us or third parties.  For example, information a third party collects when you register on a website: e.g. your zip code.  This might be used to target an ad for people in your area.  These ads may also be based on your activities on our Website or on third-party websites.
To learn more about interest-based ads and to opt out of certain types of interest-based advertising and certain other uses of information collected over time and across different online services and devices, please contact us at privacy@bathfitter.com. To opt out of certain interest-based advertising associated with your use of device applications, you may be able to adjust your device settings via the applicable settings configuration of your iOS or Android mobile device. Please see the support materials for your operating systems or devices for more information.
Some of the social media platforms we work with may serve you with interest-based advertising on their platforms.  In addition to or instead of the opt-out mechanism described above, you may be able to opt out of their interest-based advertising by changing your advertising preferences in the platforms after you log in.


12.  Contact Us
If you have additional questions you may call us at 1-800-764-5539 or reach us by email at privacy@bathfitter.com.  You can write to us at 225 Roy Street, Saint-Eustache, QC, J7R 5R5, Canada.


13.  Notice to Nevada Residents 
Not Applicable

14.  Privacy Policy According to the GDPR
Not Applicable

15.  Changes to the General Privacy Policy and the GDPR Privacy Policy
General Privacy Policy
Effective Date: 6/14/2019
Last Revision Date: 07/20/2021
GDPR Privacy Policy
Effective Date: 6/14/2019
Last Revision Date: 07/20/2021

From time to time we may change our General Privacy Policy and/or our GDPR Privacy Policy. We will notify you of any material changes to our General Privacy Policy and/or our GDPR Privacy Policy by posting an updated copy on our Website.  Please check our Website periodically for updates.