- a) What law applies?
Our use of your Personal Data is subject to Canada`s Personal Information Protection and Electronic Documents Act (“PIPEDA”), and of course we process your Personal Data accordingly.
- b) What is Personal Data?
Personal Data is any information relating to personal or material circumstances that relates to an individual. This may include, a name, date of birth, e-mail address, postal address, or telephone number but also online identifiers such as IP addresses or device ID`s.
- c) What is processing?
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
- d) Who is responsible for data processing?
The responsible party within the meaning of the PIPEDA is Moto Elite NB, 11489 Route 144, Saint-Leonard-Parent, NB E7E 2N1 (“we”, “us”, or “our”). If you have any questions or if you wish to exercise your rights, please contact us using our Contact Form or call us on (506) 423-2119 or e-mail us at email@example.com.
- e) What are the legal bases of processing?
In accordance with the PIPEDA, we have to have at least one of the following legal bases to process your Personal Data:
- For the fulfillment of contractual obligations
o The purposes of the data processing are primarily based on the service we provide.
- Within the framework of our legitimate interests
Where necessary, we process your data beyond the actual performance of the contract in order to safeguard legitimate interests of us or third parties. Examples are:
o Ensuring IT security and IT operations,
o Measures for business management and further development of our services,
o Defense against third-party claims and enforcement of own claims.
- Based on your consent
o Insofar as you have given us your consent to process personal data for certain purposes.
- f) Is there an obligation for me to provide data?
Within the scope of our business relationship, you are only required to provide personal data that is necessary for the establishment, implementation, and termination of a business relationship or that we are legally obliged to collect. Without this data, we will usually have to refuse to conclude the contract or will no longer be able to perform an existing contract and may have to terminate it.
Data we collect automatically
- a) Log data
Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user’s device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.
- b) Content Management System (CMS)
We also use the Content Management System (CMS) of WordPress by Automattic Inc to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us is transferred to WordPress. This represents a legitimate interest.
- c) Hosting
To provide our website, we use the services of HostPapa who processes all data to be processed in connection with the operation of this website, including logfiles on our behalf. The legal basis is our legitimate interest.
- e) Third-party services and content
We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services (“services”).
This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content.
The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any,
- eCommerce system: WooCommerce by Automattic Inc.
Data we collect directly
- a) Contacting us
Personal data is processed depending on the contact method. In addition to your name and email address, IP address or phone number, we usually collect the context of your message, which may also include certain Personal Data and any other Personal Data you offer us. The personal data collected when you contact us is used to process your request and the legal basis is your consent.
If you contact or connect with us via the social media platforms on which we are present (currently, Facebook, YouTube, and Instagram) we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.
- b) When using our services
We process the Personal Data involved in your use of our services, book our course or work with us to get you a motorcycle license in order to be able to provide our contractual services. This includes in particular our services, support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.
- c) Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
- d) Marketing
Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.
Our Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
- a) Who receives my data?
Within Moto Elite NB, those that need your data to fulfill our contractual and legal obligations will receive access to it.
Processors used by us may also receive data for these purposes. These are companies in the categories of IT services, telecommunications, and sales and marketing. Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal provisions.
Data is only passed on to third parties within the framework of legal requirements. We only pass on users’ data to third parties if this is necessary, for example, for contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business or you have consented to the transfer of data.
- b) How long will my data be stored?
As far as necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract.
In addition, we are subject to various storage and documentation obligations, which result from the minimum statutory retention periods and Canada`s Revenue Agency, among others. The retention and documentation periods specified there are up to 6 years.
- c) How do we secure your data?
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
- d) Are data transferred to a third country or to an international organization?
Your data is not transferred to third countries (countries outside Canada).
- e) Special Category Data
Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.
- f) Minors
We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.
- g) Automated decision-making
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
- h) Do Not Sell
We do not sell your Personal Data.
Your Rights and Privileges
- a) Privacy rights
Under the PIPEDA, you have the following rights:
- Right to be informed
- Right to access
- Right to rectification
- Right to erasure
- Right to object/opt-out
- Right to Consent
- Right to Redressal
If you have any questions about the nature of the Personal Data we hold about you, or if you wish to exercise any of your rights, please contact us.
- b) Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.
- c) Withdrawing your consent
You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
- d) Access Request
In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
- e) Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The competent data protection authority in Canada is: The Office of the Privacy Commissioner of Canada, 30 Victoria Street, K1A 1H3, Gatineau, Quebec, Canada (www.priv.gc.ca)
Changes and Questions
Friday, April 21, 2023
Below you will find more information about the cookies we use, as well as information on how to refuse and disable/delete cookies.
The cookies we use may collect personal information.
What are cookies?
A cookie is a small file that is stored on the hard drive of your computer, smartphone, or other device. With the help of this file, it is possible to recognize your device/IP address and to reuse information about pages you have already visited or to record functions you have used.
We use both our own and third-party cookies. Third-party cookies are used by external partners, such as partners who provide content for our websites, suppliers who are responsible for the various features of the website, or programs we use for our analytics and marketing. Through these third-party cookies, these external partners may collect data, such as your IP address and information about your browsing behaviour.
What are cookies for?
Overall, the cookies can be divided into the following four categories:
- Essential cookies
These cookies are essential to allow you to browse our website and use its features, such as accessing secure areas of the website, providing requested services, and storing a user’s cookie settings. For example, allowing you to keep your items in your shopping cart while you shop online are an example of essential cookies.
- Functionality cookies
These cookies are used to store preferences set by users such as account name, language, and location.
- Performance cookies
These cookies collect information about how you use a website, such as which pages you have visited, and which links you have clicked on. None of this information can be used to identify you. All data is aggregated and therefore anonymized. Their sole purpose is to improve our website’s functionality.
We, as well as third-party vendors acting on our behalf, may use first-party cookies, third-party cookies, or other third-party identifiers to collect anonymous analytics and statistics about our website and how our visitors use them in order to help us improve our website. Our web servers’ storage logs may collect domain names, Internet Protocol addresses, web browser types, and certain data from visitors to the Sites.
When you first visit our website, you will be asked to give your consent to cookies being stored on your device. You can accept all cookies or adjust your cookie settings to store only some of the above categories of cookies on your device. You can also refuse all cookies, except for essential cookies, which are cookies that are required for the proper functioning of the website.
You should be aware that if you disable/reject certain cookies, we will not be able to provide you with the best possible user experience on our website, as there may be services and features that you will not be able to use if cookies are required for us to remember the choices you have made.
You can revoke your consent or change your cookie settings at any time.
Links to other websites
How can I delete or block cookies?
Changes and Questions
Friday, April 21, 2023