PRIVACY POLICY
DFC Auto Group Inc., operating as Porsche Centre Downtown Toronto (“Porsche Centre Downtown Toronto”, “we”, “us” or “our”) recognizes the importance of an individual's right to privacy and is committed to protecting the personal information that it collects, uses and discloses in providing Online Services (as defined below) and operating its business. Porsche Centre Porsche Centre Downtown Toronto and its advisors have a professional obligation to keep confidential all information they receive within a Porsche Centre Downtown Toronto-client relationship. This privacy policy ("Privacy Policy") supplements this professional obligation and outlines how Porsche Centre Downtown Toronto manages personal information and safeguards the privacy of its clients, its website users and other individuals (collectively, "you").
Porsche Centre Downtown Toronto is a market leader in marketing, selling and distributing Porsche products and services. Porsche Centre Downtown Toronto is committed to protecting the privacy of its customers' and potential customers’ personal information.
Please read this Privacy Policy carefully, as it constitutes a binding agreement between you and Porsche Centre Downtown Toronto. By providing personal information to Porsche Centre Downtown Toronto or using the Online Services (as defined below), you acknowledge and signify that you have read, understood and agreed to be bound by the terms of this Privacy Policy.
1. PRIVACY RIGHTS AND ACCOUNTABILITY
All Ontario businesses engaged in commercial activities must comply with Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"). These obligations extend to businesses engaged in commercial activities, including Porsche Centre Downtown Toronto. PIPEDA gives you rights concerning the privacy of your personal information. Porsche Centre Porsche Centre Downtown Toronto is responsible for the personal information it collects and holds. To ensure this accountability, Porsche Centre Downtown Toronto has developed this Privacy Policy and has trained its employees, personnel and partners in respect of it.
Acceptance of Privacy Policy
By submitting your personal information to Porsche Centre Downtown Toronto, you signify your consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy, do not provide your personal information to Porsche Centre Downtown Toronto. Of course, certain services can only be offered to you if you provide your personal information to Porsche Centre Downtown Toronto, and therefore Porsche Centre Downtown Toronto may not be able to offer you those services if you choose not to provide Porsche Centre Downtown Toronto with required personal information.
Personal information
PIPEDA defines "personal information" broadly as any information about an identifiable individual. Generally speaking, personal information does not include "business contact information" such as the name, job title, business address, or business telephone number of an employee of an organization.
This Privacy Policy applies to personal information:
We may collect any form completed by individuals including our customers, potential customers and visitors looking to purchase or inquiring about Porsche Centre Downtown Toronto products and/or services, including, without limitation, as may be obtained from this website, which is located at shop.pcdt.ca (online store), www.dfcporsche.com or Porsche Centre Downtown Toronto mobile applications that link to this Privacy Policy (access and use by you of such websites and applications are referred to as the “Online Services”).
This Privacy Policy does not apply, however, to Porsche Centre Downtown Toronto’s employees in the context of their employment with Porsche Centre Downtown Toronto. There is a separate policy to address the protection of Porsche Centre Downtown Toronto’s employees’ (and potential employees’) privacy in the context of their employment relationship with Porsche Centre Downtown Toronto.
If you are a Porsche Centre Downtown Toronto employee or have submitted an application for employment with Porsche Centre Downtown Toronto and wish to see the privacy policy applicable to your information, please request a copy of that privacy policy.
2. TYPES OF INFORMATION COLLECTED AND THE PURPOSES
The type of information that you may provide Porsche Centre Downtown Toronto or that Porsche Centre Downtown Toronto may collect is tied to the purposes for which the information is collected. Often, it is tied to the products or services you request, or to the nature of the interaction between you and Porsche Centre Downtown Toronto.
You may use our online store to purchase products or services from us. When you purchase a product or service from our online store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browsing history.
If you decide to contact Porsche Centre Downtown Toronto to ask a question, learn more about a product or service, register a recently purchased product, download certain software or service applications, place an order for products or services or inquire about products you may already own, you will find that those contact forms ask for certain types of personal information to assist us in complying with these requests. Porsche Centre Downtown Toronto may also ask you to provide personal information, some optional, some required, on specific pages of our websites or through the Online Services. The type of personal information we ask for in these situations can include (but is not limited to) name, mailing address, email address, phone number, shipping information, product model and serial numbers and your date of purchase, credit card, debit card and/or other payment account information and your comments. Personal information may be forwarded to a Porsche Centre Downtown Toronto business unit or the appropriate Porsche Centre Downtown Toronto affiliate that is equipped to handle your order, inquiry or feedback.
As noted, when using the Online Services, sometimes the provision of personal information is optional and sometimes it is required. It may be necessary to provide personal information in order to access certain features offered through the Online Services. If you do not wish to provide any personal information, you can choose not to use those features of the Online Services.
Personal information is also collected by means of warranty cards, trade show information, email, voluntary online surveys and as part of any entry for a contest or other promotion. If you choose to enter a contest or other promotion we conduct, you will be required to submit certain personal information, such as your name, e-mail address, street address and phone number. We will use such required personal information you submit to us for promotion administration purposes, such as notification of winners.
In the course of growing or restructuring our business, we may also purchase the assets of another company or sell the assets of our company. During these transactions, information about customers is frequently considered a business asset that is the subject of such a purchase or sale.
We may collect metadata associated with the use of the Online Services. Metadata is data that serves to provide context or additional information about other data. Metadata is often called data about data or information about information. For example, information about the title, subject, author, typeface, enhancements, and size of the data file of a document constitutes metadata about that document. It may also describe the conditions under which the data stored in a database was acquired, its accuracy, date, time, method of compilation and processing, etc.
When you access the Online Services through a mobile device, we may collect information on your device and its location. Location data is information collected by a network or service about where the user’s phone or other device is or was located. For example, location data would include tracing the location of a mobile phone from data collected by base stations on a mobile phone network.
Through the use of the Online Services, we may provide ads on our websites and apps, as well as on other companies' websites and apps. Some of the ads we may show you are based on the content of the website page or app you are viewing or have viewed. Other ads we show you may be based on information we have collected or received about your activities and interests.
Porsche Centre Downtown Toronto routinely gathers information on website activities such as data on how many people visit a website, the pages they visit, where they come from, how long they stay, etc. Such information is gathered through the use of web server logs. A web server log is a file where website activity is stored.
User information is collected on an aggregate, anonymous basis, which means that no personal information is associated with this data.
Email marketing (if applicable): If you have registered by email or otherwise to receive our newsletter and promotional materials, with your permission, we may send you emails about our store, and sales promotions, including, without limitation, store updates, new products, sales events and other updates.
3. USE OF PERSONAL INFORMATION
We use your personal information in a manner that is reasonably connected to the purposes for which it was collected. For example, we use your personal information for the following reasons:
- To respond to questions you may have about our products or services;
- We may use your personal information that you provide about yourself when placing an order or registering for warranty or out of warranty service to complete that order or service registration and to provide you with information about other Porsche Centre Downtown Toronto products and promotions that may be of interest to you;
- We may use your personal information to procure user generated content. User generated content is often part of a larger discussion of various topics and enhances the experience of other visitors to the Online Services or Porsche Centre Downtown Toronto website in terms of seeing opinions, reviews or general discussions on various topics;
- We may use your personal information in aggregate form to help us evaluate and modify existing services, and to help us develop additional services that are likely to be of interest to our users. You can always choose not to be contacted or to "opt-out" on the registration screen on which your personal information is entered. If you later decide that you do not want your personal information used for these purposes, you may opt-out by contacting us by email or mail as noted under the heading "How do you withdraw your consent?" in paragraph 4 below.
4. CONSENT
Porsche Centre Downtown Toronto obtains the consent of customers for the collection, use or disclosure of personal information by Porsche Centre Downtown Toronto where appropriate, except as permitted by law, or as required by law or a recognized authority. Sometimes an individual's consent may be implied through his or her conduct with Porsche Centre Downtown Toronto.
Subject to legal and contractual requirements and reasonable notice, you may refuse or withdraw your consent for certain specified purposes at any time by contacting Porsche Centre Downtown Toronto's Privacy Compliance Officer (see end of this Privacy Policy for contact information). The period of reasonable notice will vary depending on the nature of the information and its purpose.
If you provide Porsche Centre Downtown Toronto or its service providers and agents with personal information of another individual, you represent and warrant that you have all necessary authority and/or have obtained all necessary consents from such person to enable Porsche Centre Downtown Toronto to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.
By providing personal information to Porsche Centre Downtown Toronto, you are consenting to the terms and information handling practices set out in this Privacy Policy.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card or other proof of payment, place an order, arrange for a delivery or return a purchase, you have consented to our collection of and usage of your personal information for the specific purpose for which it was obtained only.
There may be circumstances where you have provided personal information for an identified purpose, and Porsche Centre Downtown Toronto later needs to use that information for a different purpose. In such circumstances, Porsche Centre Downtown Toronto will seek your express consent to use the information for the new purpose.
Porsche Centre Downtown Toronto does not, as a condition of entering into a transaction (as mentioned above) in connection with the Online Services, require a customer to consent to the collection, use or disclosure of personal information beyond that required in fulfilling the identified purpose.
How do you withdraw your consent?
If after you opt-in, you change your mind, you may withdraw your consent for any identified purpose at any time, subject to legal and/or contractual restrictions and reasonable notice. You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by writing to us by facsimile at (416) 603-0045, or by email at porscheshop@dfcauto.com or by mail at:
Porsche Centre Downtown Toronto68 Parliament Street
Toronto, ON, M5A 0B2
Canada
Porsche Centre Downtown Toronto is accountable for all personal information under its care and control. Porsche Centre Downtown Toronto's Privacy Compliance Officer is designated as the person responsible for this Privacy Policy and for the personal information received by Porsche Centre Downtown Toronto, and for ensuring its compliance with applicable privacy legislation. Any questions relating to our handling of personal information or this Privacy Policy should be directed to our Privacy Compliance Officer. The Privacy Compliance Officer can be reached by e-mail at porscheshop@dfcauto.com
You may contact the Privacy Compliance Officer at porscheshop@dfcauto.com or more information regarding the implications of such withdrawal.
5. DISCLOSURE
Porsche Centre Downtown Toronto will only provide personal information to third parties on an "as needed" basis and provided that such third parties have privacy policies in place and subject to obtaining your consent thereto.
Your personal information may be shared with our employees, independent contractors or other entities that are related to or business partners of Porsche Centre Downtown Toronto to: (i) fulfill and/or ship an order or provide any products or services you have requested; (ii) provide an award; (iii) provide mail-in or other rebate on the products that you may purchase; (iv) conduct customer surveys for the purpose of marketing; (v) apply for employment with Porsche Centre Downtown Toronto; and/or (vi) collect debt or other payments.
We may use your personal information and disclose your personal information to third parties in connection with the proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of Porsche Centre Downtown Toronto’s business or assets for the purposes of evaluating and/or performing the proposed transaction. Our successors and assigns may collect, use and disclose your personal information for substantially the same purposes as those set out in this Privacy Policy. In the event the transaction does not go through, Porsche Centre Downtown Toronto will require, by contract, the other party or parties to the transaction not to use or disclose your personal information in any manner whatsoever for any purpose, and to return or destroy such personal information. Also, in the unlikely event that Porsche Centre Downtown Toronto’s assets are acquired or subject to liquidation in bankruptcy, personal information may be transferred as well. We may be required to use and disclose your personal information if you violate our Terms of Use, Sales Policy, Refund Policy or Privacy Policy or any other policies related to any of the foregoing.
Except as otherwise set forth herein, or permitted or required by law, we do not share your personal information with any third parties that are unrelated to Porsche Centre Downtown Toronto except to the extent necessary to complete the purposes set out herein or for purposes reasonably necessary to fulfill our obligations to you and, when we do share it, it is subject to the agreements with such third parties to both treat it as confidential business information and to fully comply with all applicable privacy laws and also with the understanding that it may not be used for any purpose other than to perform their function.
6. THIRD-PARTY SERVICES
In general, the third-party service providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these service providers.
In particular, remember that certain service providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Use.
Your personal information may be used or stored by us or our service providers and our corporate affiliates outside of Canada. Porsche Centre Downtown Toronto takes reasonable contractual or other measures to protect customer’s personal information while processed or handled by these service providers and our corporate affiliates outside of Canada. If a customer’s personal information is located outside of Canada it will be subject to the legal requirements in those foreign countries applicable to Porsche Centre Downtown Toronto’s service providers and corporate affiliates. For example, information that is processed, used, stored or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States.
Hosting Services – Shopify
Porsche Centre Downtown Toronto may also hire third-party service providers to host our website and to store your personal information. Our online store website, shop.pcdt.ca, is presently hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
All payments are processed through Shopify Payments (USA) Inc. For more information concerning such payments and your rights and obligations thereto you should refer to Shopify’s terms located at:
Shopify Payments Terms of Service (https://www.shopify.com/legal/terms-payments-ca) or Privacy Statement (https://www.shopify.com/legal/privacy).
Links
As a convenience to our visitors, the Online Services may contain links to a number of sites that we believe may offer useful information. When you click on one of these links, you will be transferred from the Online Services and be connected to the site of the organization or company that you selected. This Privacy Policy is no longer applicable when you are on a website that is not Porsche Centre Downtown Toronto’s, even if you get to that new website by way of link from Porsche Centre Downtown Toronto’s Online Services. Each of these linked sites maintains their own independent privacy policies and procedures, which you should consult before providing any of your personal information.
7. SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Porsche Centre Downtown Toronto works hard to ensure that our systems are secure and that they meet industry standards. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the following physical, electronic, and organizational procedures to safeguard and secure the personal information we collect online:
- physical measures such as locked filing cabinets and restricted access to offices;
- organizational measures such as staff training, security clearances and restrictions on employee access to personal information; and
- technological measures such as the use of passwords, encryption, firewalls, and anonymizing software.
Porsche Centre Downtown Toronto stores personal information in secure and confidential databases in its offices across Canada and/or the United States.
Porsche Centre Downtown Toronto also takes reasonable steps to protect personal information disclosed to:
- subsidiaries and affiliates of Porsche Centre Downtown Toronto by ensuring that such entities institute appropriate controls on the use and disclosure of personal information; and
- agents, contractors and authorized dealers of Porsche Centre Downtown Toronto through the use of contractual agreements which limit the circumstances in which personal information may be used and disclosed.
These agreements ensure that personal information is retained only as long as necessary to complete the assigned task.
8. COOKIES
A cookie is a small amount of information that is downloaded to your computer or device when you visit certain websites. When you visit the website the Shopify cookie policy will apply. You should review the Shopify cookie policy located at https://www.shopify.com/legal/cookies. This document is meant to explain the types of cookies and other tracking techniques that Shopify may place on your device when visiting this website (located at shop.dfcporsche.com).
9. AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Porsche Centre Downtown Toronto requests that only persons who have reached the age of majority or legal age in their jurisdiction and who can form legally binding contracts under applicable law provide personal information to us. If you are providing personal information to Porsche Centre Downtown Toronto on your own behalf, you hereby represent and warrant that you have reached the age of majority in your jurisdiction and you otherwise have the legal capacity to agree to the terms of this Privacy Policy. If you provide personal information on anyone under the age of 18, you must be the person’s parent or legal guardian and have the right to provide the personal information under all applicable laws. You are fully responsible for ensuring that the personal information of persons under the age of 18 that you provide can be collected, used, stored and disclosed by Porsche Centre Downtown Toronto as described in this Privacy Policy.
10. EMAIL IS NOT A SECURE MEDIUM
You should be aware that email is not a secure medium and, as such, you should plan accordingly when sending any email with personal or confidential information to Porsche Centre Downtown Toronto. For instance, you may choose not to send an email and instead contact your Porsche Centre Downtown Toronto advisor by telephone.
11. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION; BEING DENIED ACCESS TO YOUR PERSONAL INFORMATION
Accessing your personal information
You may ask for access to any personal information Porsche Centre Downtown Toronto holds about you. Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to Porsche Centre Downtown Toronto's normal services and disbursement fees
Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of that information and, to the extent that you have proven such inaccuracy or incompleteness, have it amended as appropriate. Examples of such exceptions include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
Updating the accuracy of your personal information
Since Porsche Centre Downtown Toronto uses your personal information to provide products and services to you, it is important that the information be accurate and up-to-date. If any of your information changes, please inform Porsche Centre Downtown Toronto so that it can update its records.
You can help Porsche Centre Downtown Toronto maintain the accuracy of your personal information by notifying Porsche Centre Downtown Toronto of any changes to your personal information. If Porsche Centre Downtown Toronto holds information about you and you advise us that it is not accurate, complete and up-to-date, Porsche Centre Downtown Toronto will take reasonable steps to correct it.
Being denied access to your personal information
Your rights to access your personal information are not absolute. Porsche Centre Downtown Toronto may deny access when:
- denial of access is required or authorized by law;
- information relates to existing or anticipated legal proceedings against you;
- granting you access would have an unreasonable impact on other people's privacy;
-
Porsche Centre Downtown Toronto is protecting its rights and property; and
- your request is frivolous or vexatious.
If Porsche Centre Downtown Toronto denies your request for access to your personal information, or refuses a request to correct information, Porsche Centre Downtown Toronto will explain why.
12. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Porsche Centre Downtown Toronto makes every effort to keep personal information accurate, complete and current, however, Porsche Centre Downtown Toronto will not routinely update the personal information of customers, unless such a process is necessary to fulfill the purposes for which the information was collected. It may be necessary for customers to supply Porsche Centre Downtown Toronto with written consent in order for Porsche Centre Downtown Toronto to collect and update personal information that is not necessary to fulfill the identified purposes. Porsche Centre Downtown Toronto will update any changes to personal information when received. If Porsche Centre Downtown Toronto holds personal information about an individual which can be established by the individual to be inaccurate, incomplete or not up-to-date, Porsche Centre Downtown Toronto will take reasonable steps to correct it.
13. QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at porscheshop@dfcauto.com, or by telephone at (416) 603-0048 or by mail at:
Porsche Centre Downtown Toronto68 Parliament Street
Toronto, ON, M5A 0B2
Attention: Privacy Compliance Officer
Effective Date
This Privacy Policy was last updated and is effective as of December 18, 2018.
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CASL
A. Our 'No Spam" CASL Promise
Canada's Anti-Spam Legislation ("CASL") allows recipients to control the commercial electronic messages ("CEMs") they receive. DFC Auto Group Inc., operating as Porsche Centre Downtown Toronto ("Porsche Centre Downtown Toronto", "we", "us" or "our") respects the choices of our customers and contacts to determine whether they would like to receive CEMs from us. The anti-spam elements of our policy for compliance with CASL include:
subject to exceptions permitted by CASL (such as the exception for certain business-to-business CEMs and the exception for CEMs sent via certain electronic messaging systems)
(a) checking that we have consent before sending CEMs
(b) setting out our sender identification information on CEMs; and
(c) providing an unsubscribe mechanism for those on our CEM distribution lists;
effecting unsubscribe requests promptly and in any event no later than 10 business days after receipt; and
keeping records of consents and unsubscribes.
If you currently subscribe to any Porsche Centre Downtown Toronto CEMs, you may unsubscribe at any time.
If you would like to sign up for such CEMs or revise your preferences, please go to Porsche Centre Downtown Toronto's subscription and preference centre.
B. Our Other CASL Promises
CASL also regulates or prohibits certain other activities in the digital marketplace and therefore our compliance with CASL also includes:
No Unsolicited Software Installation
not installing, or causing to be installed, software (including upgrades) on another person's computer or other device without that person's consent (obtained via appropriate disclosures based on whether or not the software is intrusive all as defined under CASL) and, where we have installed software and in the circumstances required under CASL, to help uninstall such software;
No Spyware
not to collect personal information through illicit access to the computer systems of others through means such as spyware;
No Address Harvesting
not to engage in electronic address harvesting — namely, the use of a computer program to indiscriminately collect electronic addresses, such as email addresses, which commitment includes:
(a) following due diligence to avoid inadvertently harvesting, or using harvested email addresses; and
(b) taking appropriate precautions when:
(i) working with a third party that has been contacted to do email marketing on our behalf; and
(ii) buying a list from a vendor to do email marketing in-house;
No Deceptive Electronic Messages
not sending, or causing to be sent, electronic messages that are deceptive, especially in connection with the subject line, locator or sender information of the electronic message; and
No Alteration of Transmission Data
not altering the transmission data in electronic messages (which results in the messages being delivered to different destinations without express consent).
C. Administrator
If you have questions about our CASL Policy, please contact our Privacy Compliance Officer:
Porsche Centre Downtown Toronto68 Parliament Street
Toronto, ON, M5A 0B2
Attention: Privacy Compliance Officer
Email:
porscheshop@dfcauto.com
Effective date
This policy was last updated and is effective as of December 18, 2018.
