Bundesdatenschutzgesetz

1 INTRODUCTION

This policy describes the types of information [Groupe Solmax Inc. and all its subsidiary companies] (the “Company,” “we,” “our,” or “us”) may collect from you or that you may provide when you visit the website [www.solmax.com or related sites] ("Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy does not apply to information collected by us offline or through any other means, including on any other website operated by the Company or a third party or through any application or content (including advertising) that may link to or be accessible from the Website.

The Company is committed to protecting your privacy. We provide this policy to explain the type of information we collect and to inform you of the specific practices and guidelines that protect the security and confidentiality of your personal data. Please read this policy carefully. If any term in this policy is unacceptable to you, please do not use the Website or provide any personal data. This policy may change from time to time (see Revisions to Our Privacy Policy).

2 INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website, which may include information defined as personal data or personally identifiable information under an applicable law (“personal data”). For example, we may collect information such as your name, e-mail address, telephone number, country, job function, company/organization name, industry, current customer status, product interests, and information related to inquiries and requests. We may also collect information about your internet connection and the equipment you use to access our Website. As you navigate through the Website, we may automatically collect information such as your usage details, IP addresses, and information collected through cookies.

Information You Give to Us. The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided when you sign up for newsletters and other types of information material; when we process and respond to your inquiries related to products, tech data sheets, technical support and customer service; and when you provide feedback on our Website.
• Records and copies of your correspondence with us (including email addresses).

Information We Collect About You. As with many other websites, as you navigate through and interact with our Web-site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including resources that you access and use on our Website, traffic data, location data, logs, language, date and time of access, frequency, and other communication data.
• Information about your computer and internet connection, including your IP address, operating system, host domain, and browser type.
• Details of referring websites (URL).

The information we collect automatically is statistical data that helps us improve our Website and deliver a better and more personalized service, including by enabling us to:

• Determine web site traffic patterns.
• Count web visits.
• Determine traffic sources so we can measure and improve the performance of our site.
• Help us to know which pages and content are the most and least popular.
• Observe site search patterns to provide more intuitive navigation cues.
• Determine user frequency and recency

Google Analytics. This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the Website analyze how users use the site. The information generated by the cookie about your use of the Website will be transmitted to and stored by Google on servers in the United States.

Google will use this information on behalf of us as the operator of this Website for the purpose of evaluating your use of the Website, compiling reports on Website activity for Website operators and providing them other services relating to Website activity and internet usage.

In case IP anonymization is activated on this Website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. The IP anonymization is active on this Website.

The IP address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, how-ever please note that if you do this you may not be able to use the full functionality of this Website.

You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: (click here https://tools.google.com/dlpage/gaoptout?hl=en-GB).

Cookies Used on This Website. Our Website uses single-session (temporary) and multi-session (persistent) cookies. Temporary cookies last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation on our Website. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our site and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. Cookies, by themselves, will not be used by the Company to disclose your individual identity. This information identifies your browser, but not you, to our servers when you visit the Website. If you want to disable the use of cookies or remove them at any time from your computer, you can disable or delete them using your browser (consult your browser's "Help" menu to learn how to delete cookies); however, you must enable cookies to access certain information on our Website.

3 HOW WE USE YOUR INFORMATION

Below please find information about how we process information collected about you (including personal data) as well as the corresponding legal basis. We may process your information where the processing is:

• Necessary for entering into or the performance of a contract with you. For example:
  • To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products, and services that you request from us.
  • To process your job application.
• Necessary for us to comply with a legal obligation.
• Necessary for the purposes of the legitimate interests pursued by a third party or us (to the extent it does not infringe on any data subject’s fundamental rights and freedoms). For example:
  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To allow you to participate in interactive features of our service (when you choose to do so).
  • To keep our site safe and secure.
  • To provide you with technical support and to improve our Website and services.
  • To provide you with information that you have requested and respond to your inquiries.
  • To notify you about changes to our service or our Website.
  • If you are an existing customer, to communicate (including by email and SMS) with you to provide in-formation about goods and services similar to those that were the subject of a previous sale or negotiations of a sale to you.
  • Subject to applicable law and regulations, in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, to transfer, sell, or assign to third par-ties information concerning your relationship with us, including, without limitation, personal data that you provide and other information concerning your relationship with us.
• Pursuant to valid consent provided by you, in order to provide you with information about goods or services we feel may interest you. If you do not want us to use your data in this way, simply do not opt-in when we ask for your consent on the relevant forms where we collect your data. For any other purpose where you have provided valid consent where it is legally required.

4 DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. Subject to applicable law and regulations, we may disclose personal data that we collect or you provide as described in this policy:

• To any member of our group, which means our affiliates, including our ultimate parent company [Groupe Solmax Inc.] and its subsidiaries.
• To contractors, service providers, and other third parties we use to support our business or in connection with the administration and support of the activities noted above and who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them (e.g., data-base hosting providers, managed services providers, developers, consultants).
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by the Company about our Website users is among the assets transferred.
• For any other purpose disclosed by us when you provide your information or with your consent when required by applicable law and regulations.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements, including for billing and collection purposes; or to protect the rights, property, or safety of the Company, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

5 CROSS-BORDER TRANSFERS OF PERSONAL DATA

The data that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or other entities acting as data processors processing data on behalf of us. This includes staff engaged in, among other things, the fulfilment of your request or order and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and subject to appropriate safeguards in accordance with this policy and applicable legislation.

6 DATA RETENTION

Unless otherwise required by law, the Company will store personal data until it deems necessary in relation to the purposes for which was collected or otherwise processed. The Company will erase personal data when it is no longer necessary in relation to the purposes for which was collected or otherwise processed; when you withdraw your consent (where lawfulness of processing was based on your consent) and there is no other legal ground for the processing; when you object to the processing and there are no overriding legitimate grounds for the processing; when your personal data has been unlawfully processed; and when it is necessary to comply with legal obligations.

7 CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your information:

• Cookie settings. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Do Not Track. We do not currently respond to 'do not track' signals as we do not track our customers across third party websites.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own products or services, you can check certain boxes on the forms we use to collect y-our data. You can also always exercise your right to ask us not to process your personal data for marketing purposes by contacting us at marketing@solmax.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. Please note that this does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.

8 YOUR RIGHTS WITH REGARD TO YOUR PERSONAL DATA

We remind you that you may at any time exercise certain rights you may have under applicable law and regulation, including the following rights:

• The right to request access to your personal data, which includes the right to obtain confirmation from us as to whether or not personal data concerning you is being processed, and where that is the case, access to the personal data and information related to how it is processed.
• The right to rectification or erasure of your personal data, which includes the right to have incomplete personal data completed, including by means of providing a supplementary statement, certain rights to request us to erase your personal data without undue delay.
• The right to restrict or object to processing concerning your personal data, which includes restricting us from continuing to process your personal data under certain circumstances (e.g., where you contest the accuracy of your personal data, processing is unlawful, your personal data is no longer needed for the purposes of processing, or you have otherwise objected to processing related to automated individual decision-making).
• The right to data portability, which includes certain rights to have your personal data transmitted from us to another controller.
• Where data processing is based on your consent, the right to withdraw consent at any time.
• The right to lodge a complaint with a supervisory authority.

Request to erase your personal data by contacting our Data Privacy Officer at: gdpr@solmax.com.

9 DATA SECURITY

We have implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure. Personal data provided to us in accordance with this policy will be encrypted in transit and at rest.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website. Any trans-mission of your personal data is at your own risk.

10 THIRD-PARTY WEBSITES

Our Website may contain links or references to other websites outside of our control. Please be aware that this policy does not apply to these websites. The Company encourages you to read the privacy statements and terms and conditions of linked or referenced websites you enter. These third-party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit personal data. THE COMPANY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL DATA. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.

11 CHILDREN UNDER THE AGE OF 16

Our Website is not intended for children under 16 years of age, and the Company does not knowingly collect or use any personal data from children under the age of 16. No one under the age of 16 may provide any information to or on the Website. If we learn we have collected or received personal data from a child under the age of 16, we will delete that information. If you believe we might have any information from or about a child under the age of 16, please contact us at marketing@solmax.com .

12 REVISIONS TO OUR PRIVACY POLICY

We reserve the right to change this policy at any time. Any changes we make will be posted on this page. If we make material changes to how we treat your personal data, we will notify you by email to the email address provided by you or through a notice on the Website. The date this policy was last revised is identified at the top of the page. You are responsible for ensuring we have a deliverable email address for you, and for periodically monitoring and reviewing any updates to this policy. Your continued use of our Website after such amendments will be deemed your acknowledgement of these changes to this policy.

13 ACCEPTANCE OF THIS PRIVACY POLICY

By using this Website, you signify your acceptance of this policy and any related terms of use, terms of sales and legal statements. If you do not agree to this policy and related documents, please do not use the Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.

14 DATA CONTROLLER & CONTACT INFORMATION

The data controller is Groupe Solmax, Inc. Should you have any questions or concerns about this policy and our privacy practices, you may also contact our Data Protection Officer at:

GROUPE SOLMAX, INC.
Attn: Data Privacy Officer
gdpr@solmax.com 
2801 Marie-Victorin Blvd.
Varennes, Quebec, Canada J3X 0J4