Types of Personal Information

This Policy applies to Personal Information regardless of the type of medium or the form in which it is accessible: written, graphic, sound, visual, taped, filmed, computerized, or otherwise recorded.

We define “Personal Information” as any information about an identifiable individual, or that taken alone or combined with other data, allows an individual to be identified. By way of illustration, Personal Information could consist of, but is not limited to:

• first and last name;
• date of birth;
• phone, home address and email address;
• preferred language;
• time zone;
• financial, credit, billing, and account information;
• authentication credentials and account identifiers, where applicable;
• details about the use of a website obtained by means of cookies or similar tools;
• Internet protocol (IP) address, browser type, locale preferences, mobile carrier; and
• any other Personal Information provided.

The Purposes for which we Collect Personal Information

We collect Personal Information for the following purposes:

• to provide, operate and maintain our Services;
• to process and fulfill orders, purchases and related transactions;
• to prepare and respond to quote requests and other sales inquiries;
• to create, manage, and administer user accounts;
• to develop, manage, and improve our business operations and Services;
• to communicate with you regarding your account, transactions, updates, or support requests;
• for marketing and advertising purposes, subject to applicable law;
• for statistical purposes relating to the use of our Services;
• to prevent fraud and ensure the security of our Websites;
• to respond to or manage requests made to us;
• to comply with our legal, regulatory and risk management obligations;
• to evaluate employment applications where applicable;
• any purpose permitted or required by applicable laws; and
• any other purpose to which you have consented.

Means by which we Collect Personal Information

We primarily collect Personal Information directly from you when you access or use our Services, including when you place orders, request quotes, make purchases, communicate with us, or otherwise provide information in connection with your interactions with us or through our Websites. We may also collect Personal Information from third-party sources such as service providers, partners, social networks, or publicly available sources, where permitted by law and consistent with this Policy.

We also collect certain information automatically when you use our Services, including through cookies and similar technologies. This may include your IP address, device and browser information, pages visited, and dates and times of access.

Cookies are small text files placed on your device that help us ensure the proper functioning of our Websites and improve your user experience. We use both strictly necessary cookies and, where permitted by law, optional cookies such as analytics and marketing cookies. We may also use third-party analytics tools, such as Google Analytics or similar technologies, that use cookies or similar technologies to collect information about your interactions with our Websites, including across different websites over time.

Where required by law, we obtain your consent before placing non-essential cookies on your device. You may manage your cookie preferences through the cookie banner or your browser settings. Please note that disabling certain cookies may affect the functionality of our Services.

Outsourcing, Storage and Transfers of Personal Information

We may disclose the Personal Information we have collected to third parties in the following circumstances:

• to service providers in connection with our Services and business, including, for example, cloud hosting providers, payment processors, analytics providers, and customer relationship management platforms;
• to comply with applicable laws or legal processes, including subpoenas, search warrants, or court or regulatory orders;
• to protect our rights, enforce our agreements, or limit potential damages;
• to protect the safety, security, or integrity of our Services or the public;
• in connection with a business transaction such as a merger, acquisition, financing, or sale of all or part of our assets; and
• in any other circumstances where you have provided your consent.

We require service providers acting on our behalf to access, use and disclose Personal Information only as necessary to perform services for us and to protect such Personal Information through appropriate safeguards.

Personal Information may be stored or processed in jurisdictions outside your place of residence, including outside Quebec, Canada, the European Economic Area, the United Kingdom, or the United States, where our service providers or partners operate.

In such cases, where required by applicable law, we conduct privacy impact assessments and implement appropriate contractual, technical and organizational safeguards to ensure a level of protection consistent with applicable data protection laws. This may include the use of standard contractual clauses or other recognized mechanisms, where appropriate.

Your Personal Information may also be subject to the legal requirements of those foreign jurisdictions, including lawful requirements to disclose information to courts, law enforcement, or national security authorities.

Your Consent under this Policy

We will not collect, use or disclose your Personal Information without your consent unless it is authorized or required by applicable law.

By accessing and using our Services, including placing orders, making purchases, communicating with us, or otherwise submitting your Personal Information to us, you consent to the collection, use and disclosure of your Personal Information as described in this Policy and as required or permitted by applicable law. In some cases, we may seek your explicit consent, while in others your consent may be implied from your interactions with us, where permitted by law.

If you provide Personal Information concerning another individual to us, you represent that, prior to submitting such Personal Information, you have obtained the necessary consent or authority to permit us to collect, use and disclose such Personal Information for the purposes set out in this Policy, or that the collection, use and disclosure is permitted by applicable law.

You may modify or withdraw your consent to the use and disclosure of your Personal Information, or opt-out of certain uses and disclosures, subject to legal and contractual restrictions as well as to applicable law. Please note that the withdrawal of your consent may prevent us from providing or continuing to provide our Services or access to our Websites.

Email Marketing Communications. We may send our customers marketing and promotional emails. If a customer no longer wants to receive such emails, they may click on the “unsubscribe” link in such emails to opt out of future marketing communications.

If you require any assistance in understanding the scope of the consent being sought or to modify or withdraw your consent, please contact our Privacy Officer using the contact information in Section 12.

Your Rights

Canada

If you are a resident of Canada, or if Canadian privacy laws otherwise apply to you, the collection, use, and disclosure of your Personal Information are governed by applicable Canadian privacy laws, including the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”), and applicable provincial privacy legislation, including the Quebec Act respecting the protection of Personal Information in the private sector (“Law 25”), the Alberta Personal Information Protection Act, and the British Columbia Personal Information Protection Act.

You have the following rights regarding your Personal Information, subject to certain limitations and exceptions provided by applicable law:

• to access and request a copy of the documents containing your Personal Information, in electronic or physical form, subject to the exceptions provided by applicable law
• to have the Personal Information we have about you rectified, amended and updated if it is incomplete, ambiguous, out of date or inaccurate;
• to request the deletion of your Personal Information when: i) the retention of the information is no longer justified for the purpose for which it was collected; and/or, if you are a Quebec resident, ii) the information was not collected in a lawful manner; and/or iii) it is obsolete; and
• to withdraw or change your consent to our processing of your Personal Information, subject to applicable legal and contractual restrictions. In some instances, withdrawing your consent may result in us no longer being able to provide our Services or access to our Websites.

We may request certain Personal Information for the purpose of verifying the identity of the person seeking to exercise their rights.

European Economic Area and United Kingdom

To the extent that the processing of your Personal Information is subject to the EU General Data Protection Regulation 2016/679 (“EU GDPR”) or the United Kingdom General Data Protection Regulation (“UK GDPR”), this subsection applies to you.

Our lawful bases for processing Personal Information may include the following:

• you have given consent;
• processing is necessary for the performance of a contract with you or to take steps at your request prior to entering into a contract;
• processing is necessary for our legitimate interests or those of a third party, except where such interests are overridden by your rights;
• processing is necessary to comply with a legal obligation; or
• processing is necessary to protect vital interests of an individual.

In addition to the rights described above, you may also have the right to object to certain processing, request restriction of processing, request data portability, and lodge a complaint with a competent supervisory authority.

United States

Certain United States state privacy laws, including the California Consumer Privacy Act and the California Privacy Rights Act, as well as similar laws enacted in other U.S. states, may provide individuals with rights regarding Personal Information. This subsection applies to the extent such laws are applicable.

Subject to applicable law, you may have the right to:

• access or request information about the Personal Information we collect, use, or disclose;
• request the correction of inaccurate Personal Information;
• request the deletion of Personal Information;
• obtain a copy of your Personal Information in a portable format;
• opt out of certain processing, which may include targeted advertising, profiling, or the sale or sharing of Personal Information as defined by applicable law; and
• not be discriminated against for exercising your rights.

California residents may also have rights under California Civil Code section 1798.83 (also known as the “Shine the Light Law”) regarding certain disclosures of Personal Information for direct marketing purposes.

In certain states, you may have the right to appeal our decision if we deny a request, and we will provide information on how to do so where required.

Requests to exercise these rights may be submitted using the contact information provided in this Policy. We may take reasonable steps to verify your identity before fulfilling a request, and authorized agents may submit requests where permitted by law.

How we Safeguard Personal Information

In order to protect the Personal Information that is in our possession, we employ administrative, physical, and technological safeguards appropriate to the sensitivity of the Personal Information provided. These safeguards are designed to prevent the accidental or unlawful destruction, loss, unauthorized alteration or disclosure, access, or misuse of the Personal Information in our possession. We follow generally accepted industry standards to protect the information both during transmission and once received, including measures to address any suspected data breach.

Once collected, the Personal Information is kept in an electronic file within our document management system or third-party technologies used by us, or both. Only those personnel who reasonably require the Personal Information to perform their duties are granted access to the information and they are bound by a duty of confidentiality. In the event of a data breach involving your Personal Information, Mercedes will notify affected individuals and relevant authorities in accordance with applicable laws.

It is important to note that, despite our best efforts to protect your Personal Information, there is a risk associated with the communication, exchange and storage of information, as no form of electronic transmission or storage is perfectly secure. While we take commercially appropriate measures to protect your Personal Information, we cannot guarantee that it will be completely secure or free from unauthorized access, loss, or misuse.

Links to Third-party Websites

Our Websites may contain links to third-party websites or services that are not owned or controlled by Mercedes. This Policy only applies to information collected by us for the purposes mentioned in Section 3 above. We have no control over these third-party websites, and your use of such websites or services is subject to the privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Websites.

Personal Information of Children

Our Services are not directed at or intended for use by children, nor do we knowingly collect Personal Information from children under the age of 13, or under such other age threshold as may apply in certain jurisdictions pursuant to applicable privacy laws. If you are a parent or guardian and become aware that your child has provided us with Personal Information without your consent, please contact our Privacy Officer using the contact information in Section 12.

Retention and Destruction of Personal Information

The Personal Information we collect is retained for varying periods of time depending on the type of information in question and the purposes for which it is collected and used. Subject to a retention period provided or permitted for by applicable law, the Personal Information we hold is destroyed or anonymized once it is no longer necessary for the purposes for which it was collected or used, or for any subsequent compatible purpose. Retention periods may also depend on legal, accounting, tax, reporting, or operational requirements.

We may de-identify or aggregate Personal Information so that it no longer identifies you. To the extent permitted by applicable law, we may use and disclose such de-identified or aggregated information for legitimate business purposes, including analytics, service improvement, the development of new features or services and statistical reporting.

How to Contact Us

In order to obtain more information on the Policy or the use of your Personal Information, to exercise your rights or to file a complaint, please contact our Privacy Officer at the following coordinates:

Mercedes Textiles Ltd.
ATTN: Privacy Officer
5838 Rue Cypihot
Saint-Laurent, QC H4S 1Y5
marketing@mercedestextiles.com

The Privacy Officer is responsible for overseeing compliance with this Policy and applicable privacy laws. We will investigate complaints and questions relating to privacy in a reasonable timeframe and in accordance with applicable law.

Changes to this Policy

We may update this Policy from time to time to reflect changes to our privacy practices or for legal, regulatory, or operational reasons. Any changes will take effect upon being posted on our Websites or otherwise communicated to you, as required by applicable law.

Where required, we will obtain your consent to material changes. Otherwise, your continued use of our Services or provision of Personal Information after such changes take effect constitutes your acknowledgment of the updated Policy. We encourage you to review this Policy periodically.