Privacy Policy

This Privacy Policy (the “Policy”) describes how SCW Bio-Energy Products, a division of Sturgeon Creek Welding Ltd. (“SCW”, “we”, “us” or “our”), collects, uses, discloses, retains and safeguards Personal Information obtained through the websites located at scwbep.com and scwmfg.com (together, the “Site”), including the online store, customer accounts, forms and tools made available on the Site.

By using the Site or submitting Personal Information to us, you acknowledge that you have read this Policy and consent to the collection, use and disclosure of your Personal Information as described in it.

1.Definitions and scope

In this Policy:

• “Personal Information” means information about an identifiable individual, as that term is defined in PIPEDA.
• “PIPEDA” means the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5.
• “CASL” means Canada’s anti-spam legislation, S.C. 2010, c. 23, and its regulations.
• “Service Provider” means a third party that processes Personal Information on our behalf.

This Policy applies to Personal Information collected through the Site. It does not apply to websites operated by third parties, or to information that does not identify an individual. Dealings with SCW under a written quotation or sales agreement may also be subject to the privacy terms of that agreement.

2.Accountability

SCW is responsible for Personal Information under its control, including Personal Information transferred to a Service Provider for processing. SCW has designated a Privacy Officer who is accountable for compliance with this Policy and with PIPEDA. The Privacy Officer’s contact details are set out in section 18.

3.Personal Information we collect

We limit collection to the Personal Information that is reasonably necessary for the purposes identified in section 4. The categories collected through the Site are:

The Site is not intended to collect sensitive Personal Information, such as health information or government-issued identification numbers. Please do not submit such information through the Site.

4.Purposes of collection and use

We collect, use and disclose Personal Information for the following purposes:

1. responding to inquiries and preparing quotations;
2. preparing and delivering the savings report generated by the savings calculator;
3. processing, fulfilling, delivering and supporting orders placed through the online store;
4. creating and administering customer accounts;
5. providing service, parts supply and warranty support;
6. referring an inquiry to an authorized SCW dealer where appropriate;
7. sending commercial electronic messages, where permitted under section 6;
8. analysing use of the Site in order to maintain and improve it;
9. protecting the security of the Site and detecting and preventing fraud, spam and abuse; and
10. meeting legal, tax, accounting and regulatory obligations.

We do not sell, rent or trade Personal Information. We will not use Personal Information for a new purpose without first identifying that purpose and obtaining consent, except where permitted or required by law.

5.Consent

We collect, use and disclose Personal Information with your knowledge and consent, except where otherwise permitted or required by law. Consent is express where you submit a form, create an account or place an order. Google Analytics cookies are set only if you select “Accept” on the cookie banner. Cookies that are strictly necessary to operate the online store and customer accounts do not require consent.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the Privacy Officer. Withdrawal of consent may mean that we are unable to respond to a request, complete an order or provide certain services.

6.Commercial electronic messages

We send commercial electronic messages, such as newsletters and promotional offers, only where we have your express consent or where consent is implied or not required under CASL. Each such message identifies SCW, provides our contact information and includes an unsubscribe mechanism. Unsubscribe requests are given effect within ten (10) business days. You may also unsubscribe at any time by email to info@scwmfg.com.

Messages that respond to an inquiry, provide a quotation you requested, or relate to an order, warranty or service matter will continue to be sent regardless of your marketing preferences.

7.Disclosure to third parties

We disclose Personal Information only as set out below.

7.1 Service Providers

We use Service Providers to operate the Site and our business. We use contractual or other means to require that they protect Personal Information to a comparable standard and use it only to provide their services to us. The principal Service Providers are:

7.2 Other disclosures

• Authorized SCW dealers, where your location or request is most appropriately handled by a dealer.
• Professional advisers, such as our accountants, lawyers and insurers, where reasonably required.
• Government and law enforcement, where required or authorized by law, including in response to a court order or subpoena, or where necessary to protect the rights, property or safety of SCW, our customers or others.
• Business transactions. Personal Information may be disclosed to a prospective or actual purchaser or successor in connection with a sale, merger or reorganization of SCW’s business or assets, as permitted by PIPEDA. The recipient will be required to protect the information in a manner consistent with this Policy.

8.Cookies and similar technologies

A cookie is a small file that a website stores in your browser. The Site uses cookies that are necessary to operate the online store and customer accounts, and cookies that measure Site traffic. The Site does not use cookies for targeted advertising. Google Analytics cookies are set only with your consent, which you may give or withdraw at any time through Cookie settings. The principal cookies are:

Cookie names and durations are determined by the software provider and may change from time to time.

You may block or delete cookies through your browser settings. If you do, the cart, checkout and account features of the Site may not function. You may also opt out of Google Analytics by installing the Google Analytics opt-out browser add-on. Information collected by Google Analytics and reCAPTCHA is subject to the Google Privacy Policy and Terms of Service.

9.Storage and cross-border transfers

The Site is hosted in Canada. Certain Service Providers, including Google and our payment processor, may store or process Personal Information outside Canada (and outside Quebec), including in the United States. Personal Information held in another jurisdiction is subject to the laws of that jurisdiction and may be accessible to its courts, law enforcement and national security authorities.

10.Retention

We retain Personal Information only for as long as necessary to fulfil the purposes for which it was collected, or as required by law. It is then deleted or made anonymous.

11.Safeguards

We protect Personal Information with physical, organizational and technological safeguards appropriate to its sensitivity, including:

• encryption of data in transit between your browser and the Site (HTTPS/TLS);
• restriction of access to personnel and Service Providers who require it to perform their duties;
• password-protected administrative systems and storage of account passwords in hashed form; and
• processing of payment card data by a payment processor that is subject to the Payment Card Industry Data Security Standard (PCI DSS).

No method of transmission or storage is completely secure, and we cannot guarantee the absolute security of Personal Information.

12.Breach notification

If a breach of security safeguards involving Personal Information under our control creates a real risk of significant harm to an individual, we will notify the affected individuals and report the breach to the Office of the Privacy Commissioner of Canada as soon as feasible, and will keep records of the breach, as required by PIPEDA.

13.Access and correction

You may request access to the Personal Information we hold about you, and an account of how it has been used and disclosed, by written request to the Privacy Officer. We will respond within thirty (30) days of receiving the request, unless an extension is permitted by PIPEDA. We may need to verify your identity before responding. Access may be refused in the limited circumstances permitted by law, in which case we will provide reasons.

If Personal Information we hold about you is inaccurate or incomplete, you may ask us to correct it. Store account holders may also update their details at any time through their account page.

14.Questions and complaints

Questions or complaints about this Policy or our handling of Personal Information should be directed to the Privacy Officer. We will investigate every complaint and respond in writing.

If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner of Canada, 30 Victoria Street, Gatineau, Quebec K1A 1H3, toll-free 1-800-282-1376, priv.gc.ca.

Residents of Quebec may also contact the Commission d’accès à l’information du Québec at cai.gouv.qc.ca.

15.Children

The Site is intended for businesses and for individuals who have reached the age of majority. We do not knowingly collect Personal Information from anyone under 18 years of age. If we learn that we have done so, we will delete it.

16.Third-party websites

The Site contains links to websites operated by third parties, such as YouTube and government grant programs. This Policy does not apply to those websites, and SCW is not responsible for their privacy practices. We encourage you to review their privacy policies.

17.Changes to this Policy

We may amend this Policy from time to time. The amended Policy will be posted on this page with a revised effective date. Material changes will be identified on the Site. Your continued use of the Site after an amendment is posted constitutes acceptance of the amended Policy.

18.Contact