Arthur James Clothing Privacy Code
Please read this document carefully because it affects your rights and liabilities under the law. If you do not agree with these terms please do not register as a user on this website.
The Owner respects the privacy rights of Users of the Site under the applicable laws of Canada and of the Province of Newfoundland and Labrador. This Arthur James Clothing Privacy Code forms a part of the Terms. It discloses how your personal information is collected and used by the Owner in connection with the operation of the Site.
"Collection": The act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.
"Consent": Voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of the Owner. Implied consent is consent that can reasonably be inferred from a Person's action or inaction.
"Disclosure": Making Personal Information available to a Third Party.
"Employee": An employee or independent contractor (including freelancers) of any of the Owner Companies.
"Individual": An individual, including Unregistered Users and Registered Users, other than an Employee who (a) corresponds with the Owner, including complaints and including applications for employment; (b) enters a contest sponsored by the Owner; or (c) uses, or applies to use, the products or services of the Owner.
"Person": an Individual or an Employee.
"Personal Information": information about an identifiable Person, but not: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address (including electronic address) or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about the Owner’s customers, or number of visitors and average time spent on a website.
"Owner Companies": All companies providing services under the brands associated with the Owner, its parent companies and its subsidiaries, and any successor company or companies thereof, as a result of corporate reorganization or restructuring.
"Third Party": a person other than the Person or his agent, or an organization other than an Owner Company.
"Use": The treatment, handling, and management of Personal Information by the Owner Companies.
b) Scope and application of the Arthur James Clothing Privacy Code
The Arthur James Clothing Privacy Code applies to Personal Information about Persons who interact with the Owner that is collected, used or disclosed by the Owner. Persons in this context includes Individuals who are viewers, readers, subscribers, advertisers, contest participants, job applicants, Internet users who are exposed to the media content of the Site or an Owner Company and about whom the Owner collects Personal Information.
The Arthur James Clothing ral, electronic or written. The Owner reserves the right to amend the Arthur James Clothing Privacy Code from time to time, subject to the provisions relating to amendment elsewhere in the Terms.
The application of the Arthur James Clothing Privacy Code is subject to the requirements or provisions of any applicable legislation, regulations or agreements (such as collective agreements), or the order of any court or other lawful authority.
c) Exclusions from privacy protection
The Arthur James Clothing Privacy Code does not impose any limits on the collection, use or disclosure of the following information by an Owner Company: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about the Owner’s customers, or number of visitors and average time spent on a website.
d) Purposes for Collection of Personal Information
The Owner has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible Owner re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of the Owner, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by the Arthur James Clothing Privacy Code.
e) Transfer of Information
At times the Owner may use Owner Companies and/or Third Parties outside of Canada to perform services for the owner involving some or all of a Person's Personal Information. This may require transfer of information to those Owner Companies and/or Third Parties. This information is subject to the laws of the Owner Companies' and/or Third Parties' jurisdiction, including laws with respect to disclosure of such information.
f) Obtaining Consent and the privacy of children
The Owner will make a reasonable effort to make sure Persons understand how their Personal Information will be used by the Owner. The Owner will obtain consent from Persons before or when it collects or uses the Personal Information. The Owner will not attempt to deceive Persons into giving consent.
A Person's consent can be express, implied, or given through an authorized representative. A Person can withdraw consent at any time, with certain exceptions noted herein. The Owner, however, may collect, use or disclose Personal Information without the Person's knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or as required by law.
The Owner respects the rights of children. If a parent or legal guardian has not consented to the collection of Personal Information belonging to a child in their care and believes that the Owner has inadvertently collected such information, they can contact us by the means described below to have the information erased from our records, subject to the remainder of the Arthur James Clothing Privacy Code.
If any Person at any time has any questions or concerns about the Owner’s privacy practices, the Person can email firstname.lastname@example.org or write to: Privacy Officer, Arthur James Clothing Online Store, 26 Caribou Rd., Corner Brook, NL A2H 6E8.
g) Refusing or withdrawing Consent
Subject to legal and contractual requirements, a Person can refuse to consent to the Owner's collection, use or disclosure of Personal Information about the Person, or a Person may withdraw the Person's consent to the Owner's further collection, use or disclosure of Personal Information at any time in the future by giving the Owner reasonable notice, unless: i) the consent relates to certain information required for credit approval which a Person applies for or accepts, ii) the consent is otherwise required by law or iii) the use or disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person's consent, the Owner may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.
h) Internet Aspects
Personal Information may be collected when a user conducts activities on or related to all websites of Owner Companies ("Owner Companies Sites") or related to services made available on the Owner Companies Sites ("Owner Companies Services"). Although information collected, used or disclosed on the Internet as described below often does not constitute Personal Information (and to the extent that such is the case, then the obligations under the Arthur James Clothing Privacy Code do not extend to such information), the Owner provides the details below about Internet aspects of Owner Companies Services for the purposes of disclosure about Owner Companies Services.
i) Internet Protocol Address (IP Address)
When the User's web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer's "IP address." For most Users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time the User logs on.
Owner Companies may use the User's IP Address to:
(a) facilitate the diagnosis and remedy of a technical problem reported by the User's or Owner Company's technical team.
(b) display (or allow the display by Third Party advertising providers of) more appropriate and relevant content and advertising, such as content and advertising based on the User's geographic area.
(c) estimate user traffic from specific countries or organizations. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.
A cookie is a small text file, which often includes an anonymous unique identifier that is sent to the User's web browser from a web site's computers and is stored on the User's computer's hard drive. Cookies cannot be used to run programs or deliver viruses to a User's computer.
(a) improve the operation and performance of the Owner Companies Services and to make Owner Companies Services easier and more convenient to use. For example, cookies help Owner Companies provide more personalized services by recalling user preferences on subsequent visits (e.g. language preference). Cookies also allow Owner Companies to save passwords and preferences for a User so that the User will not have to re-enter them on the next visit to an Owner Companies website.
(b) measure aggregate User traffic and demographic statistics related to Owner Companies Services and advertisements (e.g. number of Users, average time spent, average age and similar statistics). This information helps Owner Companies to better understand when to update, change or offer new services and provides Owner Companies with details as to the performance of Third Party advertisements and content. This information may be reported, in aggregate form only, to Owner Companies' current and prospective sponsors, advertisers and business partners. No Personal Information will be disclosed in such reports.
k) Web Beacons
Certain Owner Companies Services may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that allow Owner Companies to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access Personal Information; they are a technique used to compile aggregated statistics about Owner Companies service usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Certain Owner Companies Services web pages may also contain Web beacons placed there by Owner Companies' advertising partners to help Owner Companies determine the effectiveness of Owner Companies' Internet advertising campaigns.
l) Links to other sites and advertisements
An Owner Companies Service may contain links to other websites and services. While Owner Companies try to link only to sites and services that share Owner Companies' high standards and respect for privacy, a user should understand that Owner Companies are not responsible for the content of, or the privacy practices employed by, other companies or websites. The Arthur James Clothing Privacy Code applies only to the Owner Companies Services related to the Arthur James Clothing Privacy Code.
Our Site contains links to other websites that may be maintained by companies that are not affiliates of ours. We are not responsible for the privacy practices or the content of such websites and we encourage you to use caution when visiting these sites. In particular we recommend that you view the Arthur James Clothing Privacy Code posted on each site to confirm that the site's policies are acceptable to you.
The majority of the advertisements which are displayed in connection with Owner Companies Services are served through one or more reputable Third Party advertisement-serving companies which deliver the advertisements to Users in conjunction with Owner Companies Services. For more information about what information is collected and how information is used by these major Third Party advertising providers Users should refer to these Third Party websites.
m) Additional information
Owner Companies automatically collect certain information about the User's computer hardware and software. This information may include: browser type, operating system type, domain names, access times and referring website addresses. This information is used by Owner Companies to operate the service, to maintain the quality of the service, and to provide general statistics regarding use of the Owner Companies Sites.
Certain Owner Companies Services may be co-branded and offered in conjunction with another company. If a User registers for or uses such services, both Owner Companies and the other company may receive information collected in conjunction with the co-branded services.
n) Ten Principles
The Arthur James Clothing Privacy Code adheres to the following ten principles:
Principle 1 – Accountability
The Owner is responsible for Personal Information under its control and shall designate one or more persons who are accountable for Owner's compliance with the following principles.
1.1 Responsibility for ensuring compliance with the provisions of the Arthur James Clothing Privacy Code rests with the senior management of Owner, which shall designate one or more persons to be accountable for compliance with the Arthur James Clothing Privacy Code. Other people within Owner Companies may be delegated to act on behalf of the designated person(s) or to take responsibility for the day-to- day collection and processing of Personal Information.
1.2 Owner has designated a Chief Privacy Officer to oversee compliance with the Arthur James Clothing Privacy Code. The Chief Privacy Officer can be contacted at Chief Privacy Officer, Arthur James Clothing Online Store, 26 Caribou Rd., Corner Brook, NL A2H 6E8.
1.3 Owner is responsible for Personal Information in its possession or control, including information that has been transferred to a Third Party for processing. Owner shall use appropriate means to provide a comparable level of protection while information is being processed by a Third Party (see Principle 7).
1.4 Owner has implemented policies and procedures to give effect to the Arthur James Clothing Privacy Code, including: a) implementing procedures to protect Personal Information and to oversee Owner's compliance with the Arthur James Clothing Privacy Code; b) establishing procedures to receive and respond to inquiries or complaints; c) training and communicating to staff about Owner's policies and practices; and d) developing public information to explain Owner's policies and practices.
Principle 2 – Identifying purposes for Collection of Personal Information
Owner has collected and collects Personal Information for the purposes set out below, and shall identify the purposes for which Personal Information is collected at or before the time the information is collected.
2.1 Owner has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible Owner corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of the Owner, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Arthur James Clothing Privacy Code.
As examples of the above:
i) Owner may from time to time use a Person's Personal Information to contact the Person about changes, enhancements or similar notices related to Owner Companies products and services;
ii) if a Person indicated that he/she was interested in receiving offers or information from Owner or one or more Owner Companies or certain of our selected sponsors or advertisers, Owner may send the Person materials about products and services that Owner feels may be of interest to the Person; and
iii) if a Person enters a contest or other promotion offered on an Owner Companies website, Owner may, under the rules of the promotion, use the Person's name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.
Further references to "identified purposes" mean the purposes identified in this Principle 2.
2.2 Owner shall specify orally, electronically or in writing the identified purposes to the Person at or before the time Personal Information is collected. Upon request, persons collecting Personal Information shall explain these identified purposes or refer the Person to a designated person within Owner who shall explain the purposes.
2.3 Unless required by law, Owner shall not use or disclose, for any new purpose, Personal Information that has been collected without first identifying the new purpose and obtaining the consent of the Person.
Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information
The knowledge and consent of a Person are required for the collection, use or disclosure of Personal Information, except where inappropriate.
3.1 Generally, Owner shall seek consent to use and disclose Personal Information at the same time it collects the information. However, Owner may seek consent to use and disclose Personal Information after it has been collected but before it is used or disclosed for a new purpose.
3.2 In obtaining consent, Owner shall use reasonable efforts to ensure that a Person is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the Person.
3.3 Owner will require Individuals to consent to the collection, use or disclosure of Personal Information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.
3.4 In determining the appropriate form of consent, Owner shall take into account the sensitivity of the Personal Information and the reasonable expectations of the Persons.
3.5 In general, the use of products and services by an Individual constitutes implied consent for Owner to collect, use and disclose Personal Information for all identified purposes.
3.6 An Individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact Owner for more information regarding the implications of withdrawing consent.
3.7 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. For example, Owner may collect or use Personal Information without knowledge or consent if it is clearly in the interests of the Person and consent cannot be obtained in a timely way, such as when the Person is a minor, seriously ill or mentally incapacitated.
Owner may also collect, use or disclose Personal Information without knowledge or consent if seeking the consent of the Person might defeat the purpose of collecting the information such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law.
Owner may also use or disclose Personal Information without knowledge or consent in the case of an emergency where the life, health or security of an individual or property is threatened.
Owner may disclose Personal Information without knowledge or consent to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise related to the legal or regulatory requirements described herein.
Principle 4 – Limiting Collection of Personal Information
Owner shall limit the collection of Personal Information to that which is necessary for the purposes identified by Owner.
Owner shall collect Personal Information by fair and lawful means.
4.1 Owner collects Personal Information primarily from Individuals.
4.2 Owner may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties that represent that they have the right to disclose the information.
Principle 5 – Limiting Use, Disclosure and Retention of Personal Information
Owner shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the Person or as required by law. Owner shall retain Personal Information only as long as necessary for the fulfillment of the purposes for which it was collected.
5.1 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. (See Principle 3.7)
5.2 In addition, Owner may disclose a Person's Personal Information to: a) another person for the development, enhancement, marketing or provision of any of the products or services of Owner; b) a person who, in the reasonable judgment of the Owner Companies, is seeking the information as an agent of the Person; c) any Owner Companies to permit the provision of services requested by the Person, and d) a Third Party or Third Parties, where the Person consents to such disclosure or disclosure is required by law.
5.3 Only those Employees of Owner who require access for business reasons, or whose duties reasonably so require, or properly designated representatives of Owner, are granted access to Personal Information about Individuals.
5.4 Owner shall keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where Personal Information has been used to make a decision about a Person, Owner shall retain, for a period of time that is reasonably sufficient to allow for access by the Person, either the actual information or the rationale for making the decision.
5.5 Owner shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to Personal Information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
Principle 6 – Accuracy of Personal Information
Personal Information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
6.1 Personal Information used by Owner shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a Person.
6.2 Owner shall update Personal Information about Persons as and when necessary to fulfill the identified purposes or upon notification by the Person.
Principle 7 – Security Safeguards
Owner shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
7.1 Owner shall protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. Owner shall protect the information regardless of the format in which it is held.
7.2 Owner shall protect Personal Information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
7.3 All employees of Owner with access to Personal Information shall be required as a condition of employment to respect the confidentiality of Personal Information.
Principle 8 – Openness concerning policy and practices
Owner shall make readily available to Persons specific information about its policies and practices relating to the management of Personal Information.
8.1 Owner shall make information about its policies and practices easy to understand, including: a) The title and address of the person or persons accountable for the compliance with the Arthur James Clothing Privacy Code and to whom inquiries or complaints can be forwarded; b) The means of gaining access to Personal Information held by Owner; and c) A description of the type of Personal Information held by Owner, including a general account of its use.
8.2 Owner shall make available information to help Persons exercise choices regarding the use of their Personal Information.
Principle 9 – Access to Personal Information
Owner shall inform a Person of the existence, use and disclosure of his or her Personal Information upon request and shall give the Person access to that information.
A Person shall be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
9.1 Upon request, Owner shall afford to a Person a reasonable opportunity to review the Personal Information in the Person's file. Personal Information shall be provided in understandable form within a reasonable time and at minimal or no cost to the Person.
9.2 In certain situations, Owner may not be able to provide access to all of the Personal Information that they hold about a Person. For example, Owner may not provide access to information if doing so would likely reveal Personal Information about a Third Party or could reasonably be expected to threaten the life or security of another person. Also, Owner may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or if the information was collected as part of journalistic, literary or artistic activities. If access to Personal Information cannot be provided, Owner shall provide the reasons for denying access upon request.
9.3 Upon request, Owner shall provide an account of the use and disclosure of Personal Information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, Owner shall provide a list of organizations to which it may have disclosed Personal Information about the individual when it is not possible to provide an actual list.
9.4 In order to safeguard Personal Information, an individual or employee may be required to provide sufficient identification information to permit Owner to account for the existence, use and disclosure of Personal Information and to authorize access to the individual's file. Any such information shall be used only for this purpose.
9.5 Owner shall promptly correct or complete any Personal Information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the Person's file. Where appropriate, Owner shall transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.
9.6 A Person can obtain information or seek access to his or her Personal Information by contacting a designated representative at Owner’s principal office.
Principle 10 – Challenging Compliance
A Person shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for the compliance of Owner with the Arthur James Clothing Privacy Code.
10.1 Owner shall maintain procedures for addressing and responding to all inquiries or complaints from Persons about Owner's handling of their Personal Information. If any Person at any time has any questions or concerns about Owner's privacy practices, the Person can write to: Privacy Officer, Arthur James Clothing Online Store, 26 Caribou Rd., Corner Brook, NL A2H 6E8
10.2 Owner shall inform Persons about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with the Arthur James Clothing Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.
10.4 Owner shall investigate all complaints concerning compliance with the Arthur James Clothing Privacy Code. If a complaint is found to be justified, Owner shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A Person shall be informed of the outcome of the investigation regarding his or her complaint.