Privacy Policy

Privacy Policy

The protection of Personal Information is of particular importance to Simplex location d'outils Inc., its subsidiaries, and affiliated companies (hereinafter referred to as "Simplex").

A. Scope

This Policy is fully incorporated into the Terms of Use of the Website. Use of the Website constitutes consent by Customers to be bound by the terms and conditions of this Policy and the Terms of Use of the Website.

This Policy applies to Simplex.

This Policy applies to Simplex's activities in Quebec, including activities on the Website.

This Policy applies to personal information that Simplex, or its suppliers on behalf of Simplex, collects, uses, or discloses about its Customers.

This Policy applies to the management of personal information in verbal, written, or electronic form.

This Policy does not cover the collection, use, or disclosure of personal information that is publicly available and obtained by Simplex without the use of special means, such as:

• Any publicly available personal information, such as a Customer's name, address, and telephone number, when this information is listed in a directory or available through any type of directory service, including on the internet; or
• Any other publicly available personal information.

The application of this Policy is governed by the requirements of the Quebec law entitled the Act Respecting the Protection of Personal Information in the Private Sector and its associated regulations. This Policy also complies with the requirements of the Canadian law entitled the Personal Information Protection and Electronic Documents Act.

B. Definitions

“Customer” refers to any natural or legal person who (i) purchases or orders products or services from a store under any of Simplex’s banners or from the Website, (ii) communicates with Simplex directly or through its representatives, as applicable, (iii) is a member of any program, application, or website offered by Simplex, (iv) in the case of natural persons, participates in a promotional contest organized by Simplex, and/or (v) accesses any other customer service offered by Simplex.

“Collection” means the act of gathering, acquiring, or obtaining Personal Information in any manner and by any means, including from Third Parties.

“Consent” means a free agreement to the Collection, Use, and/or Disclosure of Personal Information for purposes determined by Simplex. Consent may be explicit or implicit and may be provided directly by the Customer or by an authorized representative. Explicit consent can be given verbally, electronically, or in writing. However, it must always be unequivocal. Implicit consent refers to consent that can reasonably be inferred from an action or omission by a person.

“Disclosure” means the act of revealing Personal Information to a Third Party.

“Personal Information” or “Personal Data” refers to any information about an individual that allows them to be identified, including, but not limited to, their name, addresses, email addresses, date of birth, or credit data.

“Privacy Officer” refers to one or more persons at Simplex responsible for ensuring compliance with and enforcement of this Policy.

“Website” refers to activities on the transactional website, social media platforms, mobile applications, and other platforms owned by Simplex.

“Third Party” means a person other than a Customer, Simplex, or an agent of Simplex.

“Use” means the processing, handling, and management of Personal Information by Simplex.

C. Principles

1 - Responsibility

Simplex is responsible for the Personal Information it holds and must designate a Privacy Officer who will ensure compliance with the principles outlined in this Policy.

1.1 The Privacy Officer is responsible for overseeing compliance with and enforcement of this Policy. Other Simplex employees may also be designated to assist the Privacy Officer or to handle daily activities related to the Collection, Use, Disclosure, and processing of Personal Information.

1.2 Upon request, Simplex will provide the name of the Privacy Officer, whose contact details are listed below.

1.3 Simplex is responsible for Personal Information in its possession or under its control, including Personal Information entrusted to a Third Party for processing purposes.

1.4 Simplex has developed various directives and practices to ensure the practical implementation of this Policy, including:

• Establishing procedures to protect Personal Information and ensure compliance with this Policy;
• Implementing procedures for receiving and handling inquiries or complaints;
• Providing information and training to employees regarding the protection of Personal Information.

2 - Types of Personal Information Collected

The Personal Information collected by Simplex varies depending on whether the Customer is an individual or a legal entity and includes, but is not limited to, the following:

For individual Customers: first name, last name, physical address, email address, phone number, gender, preferred communication language, and credit information.

For legal entity Customers: name, phone number, address, company size, business sector(s), annual rental amount, Canadian registration number (NEC), Quebec registration number (NEQ), contact details for the business owner, accounts payable, or administrator(s), preferred communication language, and credit information.

3 - Identification of Purposes for the Collection of Personal Information

Simplex must determine the purposes for which Personal Information is collected before or during any Collection process.

3.1 Simplex collects Personal Information for the following purposes:

• To enable the registration and participation of Customers in programs, applications, websites, services, activities, promotional contests, surveys, online purchases, and newsletters offered by Simplex or any other program provided by Simplex or its partners or suppliers, including Meta, Google, and Bing; to deliver special offers and targeted benefits, organize promotional activities, and communicate with winners of promotional contests; to design, improve, and market products and services; to enhance the in-store experience (including conducting marketing studies and surveys, as applicable); to personalize navigation on the Website based on user preferences; and to offer users and Customers personalized services, products, promotions, and advertising, as well as to verify the identity of members.
• To establish and maintain business relationships with Customers and ensure service delivery.
• To understand Customers’ needs and preferences.
• To recommend specific products and services that meet Customers’ needs.
• To enhance the customer experience and provide targeted marketing offers.
• To provide Customers with news, updates, and/or reminders about, among other things, Simplex’s products and services, rentals, and returns.
• To design, improve, market, or provide products and services that meet Customers’ needs.
• To operate its business.
• To comply with applicable legal requirements.
• To handle complaints.
• To communicate with Customers through various means, including, but not limited to, phone, email, and/or text/SMS.
• To ensure the safety of Customers, its employees, and Third Parties.

3.2 Simplex is committed to making every effort during any collection process to inform Customers, through electronic, verbal, or written means, about the purposes surrounding the collection of Personal Information. Upon request, individuals collecting Personal Information must explain the purposes of the collection or direct Customers to the appropriate service to obtain the desired information.

3.3 Subject to any applicable legislative provisions, Simplex will not use or disclose previously collected Personal Information for a new purpose unless it has first defined and documented this new purpose and obtained the consent of the Customer concerned.

3.4 Telephone calls handled by Simplex may be recorded and monitored for quality control purposes. Closed-circuit security cameras are used in Simplex stores and offices to ensure the safety of Customers, Simplex employees, and Third Parties.

3.5 Employees authorized to collect Personal Information as part of their duties generally work in the following departments: Marketing, Information Technology, Credit, and Finance.

4 - Consent to the Collection, Use, or Disclosure of Personal Information

4.1 For example, Simplex may decide to collect, use, and/or disclose Personal Information about a Customer without informing them or obtaining their Consent if:

• It is clearly in the Customer's interest, and obtaining their Consent within a reasonable time is not possible, such as when a Customer forgets their credit card in-store.
• Requesting the Customer's Consent would defeat the purpose of the collection, such as during an investigation into a violation of federal or provincial law or a breach of contractual obligations.
• In an emergency where an individual's life, health, or safety is at risk.
• It is disclosed to a legal advisor representing Simplex's interests to recover a debt.
• It is necessary to comply with a subpoena, warrant, or other court order, or when required by law.

4.2 Simplex will make reasonable efforts to ensure that the Customer targeted by the collection is duly informed of the purposes for which the Personal Information will be used or disclosed at the time the Customer gives their Consent to said collection. These purposes will be stated clearly so that the Customer can understand them.

4.3 As a general rule, Simplex will obtain the Customer’s Consent at the time of collecting and disclosing Personal Information about them. However, Simplex may obtain this Consent after the Personal Information has been collected, but it must always obtain the Customer’s Consent before using and/or disclosing it for a new purpose.

4.4 For the purposes of this Policy, the purchase of products or use of services, including the Website, and/or any other program, by a Customer constitutes implicit Consent to the Collection, Use, and Disclosure of relevant Personal Information for purposes determined by Simplex.

4.5 A Customer may withdraw their Consent at any time, subject to legal or contractual restrictions, with reasonable notice. The Customer may contact Simplex for further information on the consequences of such withdrawal.

5 - Limitation on the Collection of Personal Information

Simplex may only collect the Personal Information necessary for the identified purposes. Simplex must act honestly and lawfully in the execution of any collection.

Simplex may also collect Personal Information from other sources, including credit reporting agencies, if necessary, to process the Customer’s request.

6 - Limitation on the Use, Disclosure, and Retention of Personal Information

Simplex must not use and/or disclose Personal Information for purposes other than those for which it was collected, unless the Customer consents or the law permits it. Simplex must retain Personal Information only for as long as is necessary to fulfill the purposes for which it was collected.

6.1 Simplex may also disclose Personal Information to:

• A person who, acting reasonably, Simplex believes is requesting Personal Information as a representative or agent of the Customer;
• A Third Party collaborating with Simplex as an agent, subcontractor, supplier, or partner of Simplex in the performance of various tasks;
• One or more Third Parties, when the Customer consents to the Disclosure or when Disclosure is required by law.

6.2 As a general rule, Personal Information is retained by Simplex in Canada. In some cases, Personal Information collected by Simplex may be stored and processed in countries other than Canada for the purposes of providing services, and may therefore be subject to the jurisdiction of those countries.

6.3 Only individuals authorized by Simplex and whose duties require it have access to Personal Information.

6.4 Simplex retains Personal Information only for as long as necessary or useful for the identified purposes or as required by law. In the event of an access-to-information request under this Policy, Simplex will retain either the Personal Information or an explanation of the reasons for the decision made for a sufficient period to allow the Customer to access this information or these reasons.

6.5 Simplex will establish controls, timelines, and practices regarding the retention and destruction or anonymization of Personal Information and records when they are no longer necessary for the identified purposes or required by law.

7 - Accuracy of Personal Information

The Personal Information used by Simplex must be as accurate, complete, and up-to-date as possible to reduce the likelihood of using incorrect Personal Information.

7.1 Simplex will update Personal Information only when necessary to fulfill the identified purposes or upon notification from the Customer.

7.2 The Customer is responsible for updating their Personal Information by contacting Simplex promptly after any changes.

8 - Security Measures

Simplex will take reasonable measures to protect Personal Information and use security measures appropriate to its sensitivity.

8.1 Simplex will take reasonable measures to protect Personal Information against loss, theft, unauthorized access, Disclosure, copying, Use, modification, or destruction.

8.2 Simplex will take reasonable measures to safeguard Personal Information disclosed to Third Parties under contractual agreements that outline the confidentiality of such information and its intended purposes. Certain information may be shared with partners or suppliers as part of Simplex’s business development activities.

8.3 All individuals authorized by Simplex who have access to Personal Information must respect its confidentiality.

8.4 Simplex understands the importance of protecting Personal Information and employs internet security protocols to safeguard such information collected online. However, Customers should note that the internet is not a secure communication medium. Consequently, Simplex makes no representations or warranties about the absolute security of Personal Information provided via the internet. Customers acknowledge that they provide such information to Simplex at their own risk.

8.5 Additionally, Simplex is not responsible for the privacy practices of other websites that are not owned or controlled by Simplex but are accessible via links or hyperlinks from Simplex’s websites. The use of these third-party websites is subject to their respective terms and conditions.

9 - Transparency of Policies and Practices

Simplex must ensure that any person has easy access to accurate information regarding the management of Personal Information by Simplex.

Simplex will facilitate understanding of this Policy, including by making the following information available upon request:

• The name and contact information of the Privacy Officer, as outlined below;
• The procedure for accessing Personal Information; and
• A description of the type of Personal Information retained by Simplex, including a general explanation of its intended Use.

10 – Access to Personal Information

Simplex must inform any Customer who requests it of the existence of Personal Information concerning them, the purposes for which it is used, and whether it has been disclosed to Third Parties. Simplex must also allow them to review this information.

Customers may challenge the accuracy and completeness of their Personal Information and request that appropriate corrections be made.

10.1 Upon request, Simplex will allow Customers to review the Personal Information in their file. This information must be provided or made accessible in an understandable format within a reasonable timeframe.

10.2 In certain circumstances, Simplex may partially or fully deny access to the Personal Information requested by a Customer, particularly if:

• It may reveal Personal Information about a Third Party or could reasonably be expected to endanger the life or safety of another person;
• Disclosing the Personal Information would reveal confidential or strategic business information of Simplex;
• The Personal Information is protected by professional privilege;
• The Personal Information was obtained as part of a dispute resolution process; or
• The Personal Information was obtained as part of an investigation into a contractual breach, an existing or potential dispute, or a violation of the law.

Upon request, Simplex will provide the reasons for refusing access to the Personal Information.

10.3 Upon request, Simplex will inform the Customer about the Use and Disclosure of their Personal Information and, when available, will indicate the source of the information. For a record of the Disclosure of Personal Information, Simplex will provide a list of organizations to which it may have disclosed the Customer’s Personal Information when a precise list cannot be provided.

10.4 To ensure the protection of Personal Information, Simplex may require the Customer to submit a written request accompanied by information necessary to verify their identity. This enables Simplex to account for the existence, Use, and/or Disclosure of the Customer’s Personal Information and authorize access to their file.

10.5 Simplex will promptly correct or complete any Personal Information deemed inaccurate or incomplete when notified. Any disputes regarding the accuracy or completeness of Personal Information must be recorded in the Customer’s file.

10.6 A Customer may obtain all or part of their Personal Information by contacting the Privacy Officer at the contact information provided below.

11 - Complaints Regarding Non-Compliance with Principles

Any individual may file a complaint regarding non-compliance with the principles outlined above by contacting the Privacy Officer.

11.1 Simplex must establish mechanisms to receive and respond to all complaints and inquiries regarding this Policy.

11.2 Simplex must inform any individual who requests it about the existence of complaint mechanisms and how to file a complaint.

11.3 The Privacy Officer is responsible for enforcing this Policy and may, at their sole discretion, seek advice from any relevant party before providing a final response to a complaint.

11.4 Simplex must review all complaints related to compliance with this Policy. If a complaint is deemed valid, Simplex will take appropriate measures, including amending this Policy and its practices, if necessary and justified. The Customer will be informed of the outcome of the actions taken in response to their complaint.

D. Modifications to this Policy

This Policy may be amended at any time at Simplex’s sole discretion, without prior notice.

E. Questions or Concerns About the Protection of Your Personal Information?

All comments, questions, concerns, or complaints regarding Personal Information, this Policy, or Simplex’s privacy practices should be directed to the Privacy Officer at the following contact information:

By mail:

Simplex Location d'Outils Inc.
Attn: Privacy Officer
9740 Boul. de l’Acadie
Montréal, Québec
H4N 1L8

-or-

By email: protectionrenseignementspersonnels@simplex.ca

The Privacy Officer will attempt to respond to all written requests within thirty (30) days of receipt. If unable to meet this timeline, they will inform the individual(s) concerned of the additional time required under the circumstances.

If the Privacy Officer is unable to respond to a request satisfactorily, a mediation process may be pursued to resolve the issue. Mediation is a form of dispute resolution. If both parties agree to mediation, a mediator will be appointed to assist in finding a mutually acceptable solution.

If the individual(s) concerned remain dissatisfied, they may refer the matter to the Commission d’accès à l’information du Québec if residing in Quebec, or to the Office of the Privacy Commissioner of Canada if residing in the provinces of Ontario or New Brunswick.

Last Updates : December 4, 2024.