Privacy Policy

PRIVACY POLICY

This privacy policy explains how the P.K.S.S. Management Inc. (“PK”, “we”, “us” or “our”), as the owner and operator of the Subban Defence League eStore at www.pkssauthentics.com (our “website”), handles the information you submit to us. It describes the personal information that we collect from or about you through our website as well as how we use  and to whom we disclose that personal information. By using our website and the services available through our website, you signify your acceptance of this privacy policy and agree to be bound by its terms.

You can withdraw your consent to the collection, use and disclosure of your personal information at any time. If you consent to the collection, use and disclosure of your personal information as outlined in this privacy policy, you will be able access and use our website, including purchasing merchandise in our online store. However, if you choose to withdraw your consent, we may not be able to provide you with the full range of services available through our website.

PK is subject to the Personal Information Protection and Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation.  Privacy laws vary by jurisdiction.  You acknowledge and agree that access to our website and the services that are available through our website are provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in accordance with the terms and conditions of this privacy policy.

This privacy policy forms part of our Terms of Use, available here. Please review this entire document carefully.

What is Personal Information?

Personal information is information about an identifiable individual. This includes information such as your name, mailing address, email address, contact details and payment information. For example, when you purchase a limited edition playoff tee from our online store, we collect personal information such as your mailing address to ship your product to you.

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of the individuals with whom we interact. This personal information may include, but it is not limited to:

·       Contact and identification information, such as your name, mailing address, telephone number, and email address;

·       Payment information, such as your credit card number, debit card number, and billing address;

·       Demographic information, such as your date of birth and gender; and

·       Any additional personal information you provide to us when using our website or our services, including any personal information that you include in any feedback, reviews or comments that you provide to us.

Why We Collect Your Personal Information

We collect only the personal information that is necessary for you to use our website and services, and which enables us to manage, maintain, and develop our operations. For example, we collect your personal information in order to:

·       Establish, maintain, and manage our relationship with you, including by contacting you, so that we may provide you with any services or communications that you have requested or purchased from us;

·       Verify your identity and eligibility to access and use our website and services, receive our communications, and otherwise interact with us on and through our website;

·       Respond to requests and queries you submit to us;

·       Allow you to submit orders for our goods, products, services, and merchandise through our online store;

·       Process payment transactions and send you the products you purchase through our online store;

·       Understand your preferences and tailor offers and services to you based on these preferences;

·       Protect us against error, fraud, theft, and damage to our website, assets, business or other properties;

·       Conduct analyses and evaluations to understand consumer trends and usage related to our products in order to improve our website, services and marketing communications;

·       Enable us to comply with applicable laws and regulatory processes; and

·       Any other reasonable purpose to which you consent.

By consenting to our collection, use and disclosure of your personal information through your use of our website and services, you will allow us to fulfill the purposes for which we collect your personal information, as described above.

If required under applicable laws, we will collect your consent prior to sending you any commercial electronic messages. You will have the opportunity to opt-out of receiving commercial electronic messages at any time.

Please note that we will send you transactional communications and notifications in connection with certain of your activities on our website, such as your creation of an account, purchase of our merchandise and other similar matters. While you may unsubscribe from marketing communications, you will continue to receive service/transactional communications in connection with your use of our website and services.

How We Collect Your Personal Information

We collect information from you in a variety of ways when you use our website and services. When you access and use our website and services, your personal information may be collected on our behalf by our third party service providers. As a general rule, we and our service providers collect personal information directly from you in connection with your use of our website and services, such as when you make a purchase or contact us. For example, Direct Focus Marketing Communications Inc. (“Direct Focus”) assists us with the hosting and operation of our website and services, including the collection of your personal information in connection with your use of our website and services.  You can review Direct Focus’s privacy policy here: https://www2.directfocus.com/privacy-policy/.

In other circumstances, where personal information that we collect from you is provided to us by a third party, we take reasonable steps to ensure that such third party has your permission to share your personal information with us. This permission may have been given directly by you or implied from your actions.

Other Information that We Collect

Like many other websites, we may also use passive tracking technologies and third-party analytics tools to collect information from you. These tools may automatically monitor and track information related to activities on our website, including the Internet Protocol (IP) address of your computer, the IP address of your Internet Service provider, the date and time you access our website, the Internet address of the website from which you linked directly to our website, the operating system you are using, the pages of our website you visit, the pages you read and the images you viewed on our website, and the content you download from our website.

Our website uses cookies and other technologies that are similar to cookies (“Cookies”). A Cookie is a small file of letters and numbers that we may set on your device to store and sometimes track information about you. Cookies and similar technologies we use are designed for analytics. This allows us to distinguish you from other users of our website. This helps us to provide you with a good experience when you use our website and allows us to improve our website.

First-party Cookies are Cookies set by the website that you are visiting. Only that website can read them. In addition, a website might potentially use external services, which also set their own cookies, known as third-party cookies. Persistent Cookies are Cookies saved on your computer that are not deleted automatically when you quit your browser, unlike a session Cookie, which is deleted when you quit your browser.

We may use the following Cookies:

·       Strictly Necessary Cookies. These are Cookies that are required for the operation of our website. These Cookies are essential to be able to access features of a website that include signing in and adding items to a cart.

·       Preference/Functionality Cookies. These Cookies allow a website to remember the choices a user has made in the past, like what language the user prefers or what the user’s name and password are so that the user can automatically log in.

You may choose to decline cookies if your browser permits, but doing so may affect your use of our website and your ability to access certain features of our website or engage in transactions through our website.

We may also collect information if you engage with our website through a third-party social media platform. For example, if you tag us or use “#PKSF” or #PKApproved” on Instagram, we and other users of Instagram may be able to view your profile. Your use of third party platforms remains subject to the terms and conditions and privacy policies you have agreed to with such platforms.

How we Use Your Personal Information

We use your personal information:

·       As permitted by applicable law or regulatory requirements;

·       For the purposes described in this privacy policy; and

·       For any additional purposes for which we have obtained your consent to use your personal information.

We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

Disclosure of Your Personal Information

There are certain situations where we will disclose your personal information such as:

·       When we are required or authorized by law to do so (e.g., if a court issues a subpoena);

·       When you have consented to the disclosure;

·       When the services we are providing to you require us to give your information to a third-party service provider (for more information please see “Disclosure to Service Providers” below);

·       During emergency situations or where necessary to protect the safety of a person or group of persons;

·       When it is necessary to establish or collect amounts owed to us; and

·       For any additional purposes for which we have obtained your consent to disclose your personal information.

We do not sell or rent your personal information to any third-party marketing companies. Any information that we do sell or rent to any third party will only be provided if it is aggregated or de-identified so the information disclosed cannot be used to identify you.

Disclosure to Affiliates and Employees

We may disclose your personal information to our affiliates and our respective employees, contractors, and consultants, that require such information to assist us in managing our relationship with you.

Disclosure to Service Providers

Our website is hosted by our third party service provider Direct Focus. We share your personal information with service providers such as Direct Focus in order to provide our website and services to you. Direct Focus’s privacy policy can be found here: https://www2.directfocus.com/privacy-policy/.

Another example of a service provider is our payment processor, Moneris Solutions Corporation (“Moneris”). Any credit card or bank account information you provide our website will not be stored on our servers, and is instead passed directly to Moneris for the purpose of processing payments made on or through our website. Moneris’s privacy policy can be found on its website here: https://www.moneris.com/en/Legal/Privacy-Notice.

Our service providers are not authorized by us to use or disclose your information except as necessary to perform services on our behalf or to comply with legal requirements. If you do not wish us to provide your personal information to those service providers, we may be unable to process your transaction or adequately respond to your query.

Occasionally, we may use service providers located in Canada and the United States to process and/or store personal information for us. Please note that personal information in the custody of these service providers may be subject to access by the law enforcement authorities of those jurisdictions in which the service providers are located. Our Privacy Officer, whose contact information is provided below, can provide further information about our policies and practices regarding service providers located outside of Canada and further information about how these service providers, collect, use, disclose or store personal information on our behalf.

By providing your personal information to us, you consent to our disclosure of this personal information to our service providers as described in this privacy policy, including those that may be located outside of your jurisdiction of residence, for the purposes of processing your personal information on our behalf, providing services to us or to you, operating or hosting our website, processing payments, and for the other purposes described in this privacy policy.

Do Not Track

Our website currently does not respond to Do Not Track signals in browsers. While we collect personal information from you as described in this privacy policy, we do not collect personal information from you to monitor your online activities across third-party websites or online services (also known as behavioral advertising).

Third parties that have content embedded on our website (such as buttons, widgets, and other embedded features or content) may set Cookies on a user’s browser or obtain information about the fact that you visited our website from a certain IP address. Our service providers may also collect personal information as described in the section above through use of an embedded button or similar technology. We do not authorize third parties to collect any other personal information from our website unless you provide it to them directly.

Disclosure in the Event of a Business Change

In the event our business undergoes a fundamental change such as, for example, a sale or financing, merger, transfer of all or a portion of our business or assets (“Business Change”), we may disclose your personal information to the counterparties to the transaction and their professional advisors as necessary for them to conduct due diligence and to complete the transaction, provided that the counterparties and their professional advisors are required to maintain the personal information as confidential and provided that any successor to our business may only use and disclose your personal information for those purposes for which you have provided consent to us. Following such Business Change, you may contact the entity to which we disclosed your personal information with an inquiry concerning the processing of that information.

How We Protect Your Personal Information

PK takes reasonable physical, technical and organizational measures to protect the personal information we hold about you safe from loss, unauthorized access, modification or disclosure. However, we cannot take responsibility for theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party (such as a hacker). Among the measures we take to protect your information are:

·       Premises security;

·       Restricted file access;

·       Technological safeguards such as firewalls; and

·       Internal password and security policies.

Accessing, Updating and Correcting Your Personal Information

You have a right to review any of the information that we hold about you and learn about how we have used it or to whom we have disclosed it by contacting us. Subject to any exceptions prescribed by law, you can request access and corrections to your personal information and can challenge the accuracy and completeness of the information we have about you. We may deny access when required or authorized by law. For example, we may deny access when granting access would have an unreasonable impact on other people’s privacy or when necessary to protect our confidential commercial information and the requested information cannot be severed from the balance of the record in which it is contained. If we deny your request for access, or refuse a request to correct information, we shall explain why.

Retention of Information

We keep your information as long as reasonably required to complete our dealings with you, or as required by law, whichever is longer. You can also request that we remove your information from our records by contacting our Privacy Officer at the contact information below. Subject to our requirements for continued retention of your information (i.e., billing, audit, or warranty purposes) or to fulfill our legal obligations, we will make every reasonable effort to honour your request.

Links to Other Websites

Like many other websites, our website contains links to other third party websites, which are not governed by this privacy policy. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate privacy policies. PK and our affiliates are not responsible for the privacy practices of other third party websites. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Children’s Privacy

It is our policy not to knowingly collect personal information from individuals under the age of 13 without verifiable parental consent. If you are a parent/guardian and you suspect that your child may have submitted personal information to us, please contact us through our “Contact Us” page. If we become aware that a child under 13 has provided us with personal information, we will strive to delete such information from our servers as soon as possible.

In general, we collect the same information from children that we collect from other users of our website and we use and share such information for the same purposes.  We will not knowingly require a child to disclose more information than is reasonably necessary to participate in an activity.  If at any time a parent or guardian wishes to access, correct, delete, or control the disclosure of personal information provided by their child, they should contact us through our “Contact Us” page.

If you are under 18 years of age and live in California, you have the right to request removal of content posted by you on our website. Upon receipt of a fully completed removal request, we will use commercially reasonable efforts to remove content posted by you from our website. Any such request does not ensure complete or comprehensive removal of your posted content. For example, your posted content may continue to appear on our website if it has been reposted by others. Additionally, while we may remove the content you posted from our website, it may continue to be stored on our servers (although it will not be visible to other users of our website). You must complete the removal request form accurately and in its entirety in order for the request to be processed.

How to Provide a California Minor Removal Request 

If you are a user under the age of 18 and reside in California, and you wish for your published content to be removed from our website, please provide PK’s Agent listed below with the following information in a written notice:

1.     Confirmation that you are currently a legal resident of the state of California;

2.     Confirmation that you are under the age of 18 by providing your birthday;

3.     A description of the exact content that you are seeking to have removed (please provide a URL if possible);

4.     Your full name; and

5.     Your email address.

PK’s designated Agent for California Minor Removal Requests can be reached as follows:

Service Provider:  P.K.S.S. Management Inc.
Name of Agent of Request: Natasha Subban
By mail: 14-3650 Langstaff Road, Suite #364, Woodbridge, Ontario L4L 9A8
By phone: 1 (905)-558-0666
By email: merch@pksubban.com (please add “California Minor Removal Request” to the subject line)

California Residents

Residents of the State of California have the right to request a list of all third parties to which we have disclosed certain information during the preceding year for the third parties' direct marketing purposes.  However, it is our policy to neither disclose personal information, nor to sell such information to third parties for direct marketing purposes without your consent.

Updates to This Privacy Policy

PK reserves the right to update, change or modify this privacy policy from time-to-time. We may add, change, or remove portions of this privacy policy when we feel it is appropriate to do so. Whenever we update this privacy policy we will post the updated version on our website. This privacy policy was last updated on April 28, 2021. Your continued use of our website and services following a change to this privacy policy means that you provide your consent to the collection, use and disclosure of your personal information as set out in the updated privacy policy. Please check back periodically for updates.

Questions? 

If you have any questions, concerns or complaints about this privacy policy please contact our Privacy Officer through our “Contact Us” page or using the following contact information: 

By email to: merch@pksubban.com

By mail to: 

P.K.S.S. Management Inc.

14-3650 Langstaff Road, Suite #364

Woodbridge, ON

L4L 9A8

We will respond to your request or investigate your concern as quickly as we can. 

**If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us.**