Privacy Policy

Last update: September 28th, 2023

The present Privacy Policy (the “Policy”) of Jean-Paul Fortin (1997) Inc. ("Jean-Paul Fortin", "we" or "us") sets out the statement it has implemented to protect the personal information of users of the Website jeanpaulfortin.com (the "Website") for the brands "Jean-Paul Fortin", "Les pieds sur terre" and "Clarks". The purpose of this Privacy Policy is to inform any user of the Website (the "User") of the nature of the personal information that may be collected and used by Jean-Paul Fortin or third parties as well as the one that may be communicated to authorized third parties.

By accessing the Website or by activating any of the hyperlinks, you are deemed to have accepted this Privacy Policy and to be aware of its scope. When you provide us with personal information through our Website, you consent to our use and disclosure of it as set forth in this Privacy Policy.

Jean-Paul Fortin reserves the right to revise the terms of this Privacy Policy at any time without notice. Your continued use of the Website after the posting of any revised version of the Privacy Policy will constitute your acceptance of such revised Privacy Policy. You are therefore invited to consult this Privacy Policy on a periodic basis. A modification to the update date of this Policy constitutes notification of a change in the Policy.

Except as specifically provided for in this Privacy Policy, the other terms set forth in the Terms and Conditions of Use of the Website shall continue to govern the rights and obligations of the User and Jean-Paul Fortin. The Privacy Policy and its interpretation, execution, validity and effects are subject to the provincial and federal laws applicable in the province of Quebec (Canada).



IN SUMMARY (if you are in a hurry!)

How : When you browse our Website or communicate with us, we collect certain information about you.
What : We collect information that identifies you, purchases information and information about your use of our services.
Why : To better serve you, answer your questions, process your transactions, promote your use of our services and administer our Website.
Who else : Third-party service providers who help us process payments or communicate with you will have access to certain information.
Where : We are located in Quebec, but some of our service providers may have access to your information outside of Quebec.
Your rights : You have the right to request access to or rectification of your personal information by writing to us.
Your consent : You have the right to withdraw your consent at any time, but this may prevent us from continuing to serve you.


1. WHAT IS PERSONAL INFORMATION?

The term "personal information" generally refers to any information that directly or indirectly identifies an individual.

2. WHAT PERSONAL INFORMATION DO WE COLLECT AND WHY?

We only collect the personal information we need to offer our products and services. As such, we may collect the following information:

Subscription and biographical information

What?

Name
Email address
Mailing address
Phone number
Username
Work experience and job profile
Newsletter opt-in/opt-out status

Why?

Answer general questions
Allow a purchase of product(s) or an online transaction to be completed
Allow the opening of an account in the User’s name
Manage your account
Allow a User to voluntarily subscribe to an email, catalogue or promotional mailing list, or enter a contest or survey
Respond to comments and questions
Provide support to Website Users
Evaluate your application for employment with our team
Allow a User with whom we have an ongoing business relationship to be added to an email, catalogue or promotional mailing list
Usage information

What?

Internet Protocol (IP) address
Device information
Date, time and duration of your visits
Pages viewed and browsing history
Products viewed
Browsing preferences

Why?

Operate, maintain, improve and offer all Website functionalities
Understand and analyze usage trends and user preferences
Create new products, services, features and functionalities
To allow personalization of products and services offers
Purchasing information

What?

Purchased items
Purchase date
Mailing address
Billing address
Transaction history

Why?

Complete your purchase of our products
Enable delivery of purchased products
Process your credit card or bank account information, with the help of a third-party service provider
Allow the registration of a User with whom we have an ongoing business relationship to a mailing list for emails, catalogues, or promotions


Generally…

We may need to use you personal information to :

Comply with our legal obligations
Prevent cyber threats and fraud
Respond to requests, warrants and orders from courts and other agencies
Protect your rights and interests as well as our own
Collaborate in legal proceedings or investigations

The User's financial information relating to online purchase, such as credit card numbers, are also personal information that may be collected, used and disclosed to the MonerisTM service provider. When making a payment through the MonerisTM secure transaction system, which constitutes a separate and external database to the Website, the User will be required to enter the card number, the expiry date (if applicable), the name of the registered cardholder and any other information required to complete an order. The User will have the option, at his discretion, to agree to save the payment information in his account with MonerisTM. The User acknowledges and agrees that all information, including personal information, associated with payment for an order that may be entered and saved in the User's account on the MonerisTM secure transaction system will then be held by Moneris and not by Jean-Paul Fortin. MonerisTM has its own privacy policy, which can be consulted at the following link: Privacy Notice | Moneris , by accessing the Moneris.com Website or by contacting MonerisTM.

3. DOES THE USER HAVE THE POSSIBILITY TO GIVE CONSENT?

By providing personal information through our Website after reviewing this policy, you consent to our use and communication of such information as set forth in this Privacy policy. For example, in accordance with the law, Jean-Paul Fortin may use information collected as part of an ongoing business relationship to send emails, catalogues or promotions. Jean-Paul Fortin may also collect personal information with the express consent of the User to the extent required by law.

4. HOW IS A USER’S PERSONAL INFORMATION COLLECTED?

Jean-Paul Fortin collects your personal information when you:

Visit our Website;
Enter information on our Website;
Submit your application for an employment;
Communicate with us by phone, email, via the contact forms available on the Website or via our social media platforms.

Jean-Paul Fortin does not solicit personal information from children or minors under the age of thirteen (13) and refuses to contract with them.

5. TO WHOM IS PERSONAL INFORMATION COLLECTED VIA THE WEBSITE PROVIDED TO OR COMMUNICATED TO?

Under certain circumstances, Jean-Paul Fortin may communicate the personal information collected from Users to the following persons, namely :

Third-party categories Explanations
Technology services providers We use technology providers to provide, host and maintain our Website and online services. For example, the service provider that hosts the Website and performs Website maintenance services may potentially access Users' personal information in connection with the specific performance of its services under confidentiality obligations.
Communication service providers We use third-party service providers to help us manage the promotion of our products and communications. For example, we use a third-party supplier to send you email communications such as our newsletter, as well as a supplier allowing us to communicate with you via instant messaging directly through our Website interface.
Analytical and performance service providers We engage third-party service providers to monitor and analyze the use of our Website. For example, we use providers that offer audience analysis tools or measurement reports on individuals who view advertisements or perform online searches based on preferences, interests, demographics or geographic areas to enable Jean-Paul Fortin to target similar audiences for advertising purposes.
Social networking service providers When you interact with our social media accounts, data about you may be shared with social media providers. When you share our content through social media pseudonyms on our website, these social media platforms are also responsible for your personal information and they may use it for other purposes, therefore please consult their privacy policies posted on their respective websites.
Professional advisors and consultants We may disclose your personal information to our legal, financial, accounting or other consultants to the extent necessary to operate our business and comply with applicable laws.
Police and government agencies We may receive requests from the police or other government authorities to access your personal information. We verify that the request is legitimate before responding.
Parties to commercial transactions We may disclose your personal information in connection with the preparation and/or negotiation of any merger, sale of assets, financing, reorganization or acquisition of all or part of our business by another entity or investors. For example, if we sell our assets, your personal information may be part of such assets.

In such cases, we take steps to ensure that the rules set out in this Privacy Policy are respected and we require the supplier to maintain the confidentiality and security of your personal information. We also require them to use your personal information only for the purposes for which it was provided. Finally, our suppliers must destroy your personal information once their mandate has ended, and their limited purposes have been fulfilled.

6.WHAT MEASURES DOES JEAN-PAUL FORTIN TAKE TO ENSURE THE PROTECTION OF USERS’ PERSONAL INFORMATION?

Jean-Paul Fortin has implemented physical, administrative and technical safeguards to protect the confidentiality and security of the personal information we hold, including preventing unauthorized access.

Without limiting the generality of the foregoing, the Jean-Paul Fortin Website is equipped with certain mechanisms or features that make it possible to protect, with a higher degree of security, personal information relating to Users, including in particular:

Online order forms are protected and only accessible from a secure area of the Website.
Website data, including databases, are encrypted at rest.
All communications between the various parts of the Website are encrypted.
The Website is subject to redundancy which is secured by security measures.
Access to the catalogue of products offered for sale on the Website is controlled by a firewall.
Orders transmitted by a User are hosted on a secure server.
Payments made through the Website are verified by the MonerisTM external payment server transactional environment.
Jean-Paul Fortin’s IT service provider is required to comply with various ongoing security obligations, including ongoing validation of security practices and processes as well as ongoing monitoring of the Website’s software components and their updates.

However, no security measure is absolute or fully guaranteed. If you have reason to believe that your interaction with us is no longer secure (for example, if you believe that the security of any information you have provided to us has been compromised), please contact us immediately at the address indicated in the "How to contact Jean-Paul Fortin or file a complaint if necessary?" section.

7. WHERE DO WE KEEP THE PERSONAL INFORMATION WE COLLECT?

We generally host your personal information in the United States. However, your personal information may be stored and processed in any country in which we have contracted with service providers. By using our Website, you are consenting to the transfer of such information to countries other than your country of residence, which may have different personal information protection regulations from those in your country of residence. When such information is located outside Canada, it is subject to the laws of the country where it is held and may be disclosed to governments, courts or law enforcement or regulatory agencies in that other country in accordance with the laws of that country. However, our practices regarding your personal information remain, at all times, governed by this Privacy Policy and applicable Canadian and Quebec privacy laws.

8. HOW DO WE USE COOKIES AND OTHER TECHNOLOGIES?

We and our service providers may use cookies or other technologies to make it easier for you to navigate our Website, to perform analysis, to show you relevant advertising (subject to certain restrictions described below) and to record certain information when you use the Website.

Information collected by cookies and other technologies may include your IP address, geolocation information, device information, browsing activity and search engine referrals. When you enable these features, our advertising and analytics partners may collect precise geolocation information to provide targeted advertising and analytics services. You can always control the collection of location information using your device settings. In addition, you can adjust your browser settings to modify or block cookies or other tracking technologies. You should note, however, that without these technologies, some features of our Website may not be available.

9. WHAT PRECAUTIONS SHOULD USERS TAKE TO PROTECT THEIR PERSONAL INFORMATION WHEN ENGAGING INTO ONLINE TRANSACTIONS?

When the User needs to transmit confidential information, he can ensure that he is in a secure environment when the security seal (closed padlock) appears in the top window of the Internet browser. The User can click on the padlock to obtain information on the security seal.

Also, after completing a transaction via the Website, or when, during a session, the User must temporarily leave his computer unattended, it is important to close the session and log out of his account. To close the session securely, the User must click on "Cancel", empty the Internet browser's cache memory and then close the Internet browser.

10. HOW DO WE ENSURE THAT THE PERSONAL INFORMATION COLLECTED REMAINS ACCURATE?

Jean-Paul Fortin takes all reasonably available means to ensure that the personal information it collects remains accurate, complete and up to date, and relies on the User's cooperation in notifying Jean-Paul Fortin of any changes. In particular, Jean-Paul Fortin allows all Users to modify their personal information in their account, on an ongoing basis, by means of secure access. To notify Jean-Paul Fortin of any changes to the personal information held on a User, see the section entitled "How to contact Jean-Paul Fortin or file a complaint if necessary?". We may ask you for identification to ensure that it is really you.

11. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

We retain collected information for as long as necessary to fulfill the purposes for which it was collected, as required or permitted by law, or for other legitimate purposes such as information recovery, dispute resolution and fulfillment of contractual obligations.

We delete obsolete or unnecessary personal information, for example, if you tell us that you no longer wish to use our services. You may request rectification or deletion of information at any time. To learn more, see the section "What rights do you have regarding your personal information?".

In some cases, we anonymize personal information so that there is no serious possibility of linking the anonymized personal information to an identifiable person. In such cases, we may use the anonymized information without notice and for serious and legitimate reasons.

12. WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL INFORMATION?

Access, deletion and rectification

You may access the personal information we hold about you and, where appropriate, request rectifications as permitted or required by law. You may also request the deletion of outdated or unjustified information or provide comments in writing.

However, to ensure that the personal information we hold about you is accurate and up to date, please inform us promptly of any changes.

Withdrawing your consent

You may also withdraw your consent to the use and communication of your personal information. However, we may no longer be able to offer you certain products or services.
To learn more about your rights under Canadian and Quebec privacy laws, visit the following links: Canada and Quebec.

To exercise your rights, see "How to contact Jean-Paul Fortin or file a complaint if necessary?". We may ask you for identification to make sure it's really you.

13. WHAT ARE THE FEES FOR REQUESTING ACCESS TO PERSONAL INFORMATION?

Access to personal information appearing in the User's file is free of charge. However, a reasonable fee may be charged to the User to offset the cost of transcription, reproduction or transmission of such personal information. In such cases, the User will be notified of the amount that may be charged in advance.

14. HOW TO CONTACT JEAN-PAUL FORTIN OR FILE A COMPLAINT IF NECESSARY?

If you have any questions or complaints regarding your personal information or wish to exercise your rights, you may contact Jean-Paul Fortin's Privacy Officer at the following email address or telephone number:

C/O : Privacy Officer
JEAN-PAUL FORTIN (1997) INC.
2050, de Celles
Québec (Québec)
Canada
G2C 1X8

Toll free : 1-877-683-0436
E-mail : [email protected]
Jean-Paul Fortin will take all necessary measures to respond promptly to User requests.