At Pelican International Inc. (hereinafter “Pelican”), we understand the importance of privacy and are committed to protecting your Personal Data. Pelican strives to collect, use and/or disclose personal and other information in a manner that complies with applicable laws, and prides itself on respecting the highest ethical standards in its business practices.
This Privacy Notice (hereinafter the “Policy”) outlines the types of data we collect, informs you of the way in which we collect and process, disclose and protect your Personal Data through our website www.pelicansport.com (hereinafter the “Website”),the person(s) responsible for managing your Personal Data and explains your privacy rights.
Pelican has designed this Policy to meet the regulatory requirements of the jurisdictions in which it operates. Please read this Policy carefully before visiting and using the Website or before providing us with any information. If you do not agree with the terms of this Policy, immediately stop using this Website.
If you are a resident of Nevada or California, please see the “Notice to Residents of Nevada” and “Notice to Residents of California” sections. If you are a resident of Quebec, please see the “Notice to Residents of Quebec”.
1- Data We Collect About You
Personal Data, or personal information, means any information about an individual from which that person can be identified.
We may collect, use, store and transfer, as necessary, different kinds of Personal Data about you and other information which we have grouped together such as:
How is Your Personal Data Collected?
Pelican collects Personal Data and other information when you register for or use the services provided on our Website or by contacting us by mail, email or telephone, or through direct interactions.
You provide us with certain Personal Data when you: apply for our products and services, create an account on our Website, subscribe to our publications, request marketing to be sent to you or communicate with us.
We also obtain Personal Data about you from third parties or publicly available sources such as analytical data providers like Google Analytics, advertising networks, social media providers and similar platforms like Facebook and search information providers like “Google Ads”.
Purposes for Which We Will Use Your Personal Data
We will only use your Personal Data when the applicable law allows us to. Most commonly, we will use your Personal Data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your Personal Data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to receiving marketing-related announcements at any time by following the unsubscribe instructions included in the advertising email that was sent to you to your email address or through your personal account on Pelican’s Website.
We have set out, in a table format, a description of all the ways we may use your Personal Data. See table 1 below.
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. We have established the following Personal Data control mechanisms:
Who Collects Your Personal Data?
The entity listed below is the one that collects Personal Data and other information through our services.
Our postal address is as follows:
Pelican International Inc.
1000 place Paul-Kane
Laval (Québec), Canada H7C 2T2
Table 1 : Ways we may use your Personal Data
2- Data Security
We have put in reasonable security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
If we know of a violation of your Personal Data, we will report it to the competent authority as soon as possible after learning about it, unless this violation is not likely to create a risk of infringement on rights and freedoms of natural persons. If the risk is likely to be high, Pelican undertakes to communicate the Personal Data breach to the person concerned, whenever possible.
Although every effort is made to ensure that no one can view, access or obtain your personal information, it is not yet possible to guarantee the complete confidentiality and security of communications made over the Internet. Any unencrypted communication sent by email over the Internet is neither secure nor confidential and may be intercepted, lost or tampered with. Pelican, affiliates, sister companies and subsidiaries, as well as its agents, officers, shareholders, directors and employees, are not responsible for any damages that you or anyone else may suffer as a result of the transmission of confidential or sensitive information over the Internet. These communications are performed at your own risk.
3- Sharing (Communicating) Your Personal Data
For the same purposes referred to in the table presented in Section 1 above, we may need to share your Personal Data with other entities, whether they are Internal Third Parties, meaning the other companies of the Pelican group in their capacity as joint controllers or processors or with External Third Parties such as service providers acting as processors.
When the communication of your Personal Data is made to Third Parties for purposes other than those expressed in the table presented in Section 1, we would first obtain, when required by law, your express, clear and unequivocal consent following a request made in plain language.
If we share your Personal Data, we ensure that it is protected by requiring all companies included in our group to follow the same rules when handling your Personal Data. Whenever we transfer your Personal Data, we will ensure, as far as is reasonably possible, that it is treated with a similar degree of protection when required by law.
In all cases, we require all Third Parties to respect the security of your Personal Data and to treat it in accordance with applicable law. We do not allow any Third-Party service provider to use your Personal Data for their own purposes. We only allow them to process your Personal Data for specific purposes and in accordance with our instructions.
Social Media and Technology Integrations
We offer parts of the Website through other websites, platforms, and services operated or controlled by separate third parties. In addition, we integrate technologies operated or controlled by separate entities into parts of our Website. Some examples include:
The Website is intended for a general audience, and is not directed at children under thirteen (13) years of age.
We do not knowingly collect or solicit personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA.
We do not knowingly “sell”, as that term is defined under the California Consumer Privacy Act of 2018 (“CCPA”), the personal information of minors under 16 years old who are California residents.
If you are under 18 years old and registered to use the Website, you can ask us to remove any content or information you have posted on the Website. To make a request, email us at [email protected] with “Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Certain variances may occur in other jurisdictions with regards to Children’s Policy.
4- Person in Charge of Managing Your Personal Data
We have appointed a data privacy manager (DPM) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the DPM by sending an e-mail to [email protected].
Other individuals within Pelican may be delegated to act on behalf of the DPM or to take responsibility for the day-to-day collection and/or processing of Personal Data.
You have the right to make a complaint at any time to the relevant authority responsible for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach any relevant authority so, please contact us in the first instance.
For Quebec Residents, please see the appropriate Section for more information about the Person Responsible of Personal Information.
5- Your Rights With Respect to Your Personal Data
You have the right to access, modify or delete the Personal Information we hold about you, and in certain cases to object to the processing of your Personal Information or to request that it be provided to you in a portable format. For example, if your Personal Information changes, if you wish to review or correct it, or if you no longer wish to benefit from our services, you can correct, update or delete your Personal Information on the member information page or by sending an email to our customer service at the following email address: [email protected]. Upon request, Pelican will let you know whether or not we hold Personal Information about you. We will respond to your request within a reasonable time.
7- Retention of Personal Data
Unless a retention period is required by, your Personal Data will bot be retained beyond the period necessary to fulfill the purpose for which we collected it.
Once the required period has expired, we ensure that your Personal Data is:
7- General Provisions
If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
Modification of this Policy
We reserve the right to update or modify this Policy at any time. Any changes will be effective immediately upon posting on our Website with a “Last Updated” date at the top of the revised Policy. Should we make a material change to this Policy, we will notify you on our Website. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of our Website after the changes constitutes your acceptance of the revised Policy.
This Website is controlled and operated by Pelican from Greater Montreal, Quebec, Canada and these conditions are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to the principles of conflict of laws. You agree to be bound by these laws.
This Site is controlled and operated by Pelican from Greater Montreal, Quebec, Canada. Pelican makes no representation as to the suitability or availability of any elements appearing on this Website in any other jurisdiction. Individuals who choose to access this Website from other locations do so on their own initiative and are responsible for complying with the relevant local laws, where applicable.
9- Notice to Residents of Quebec
In order to comply with the changes to the Act respecting the protection of personal information in the private sector, chapter P-29.1 (hereinafter “The Bill”) and to the Regulation respecting confidentiality incidents (hereinafter “The Regulation”), we have established a Privacy Incident Governance Policy (hereinafter “Governance Policy”).
OBJECT AND NORMATIVE FRAMEWORK
This Governance Policy specifies the steps to be taken when Pelican has reasonable grounds to believe that a privacy incident has occurred involving Personal Information that we hold, as well as the steps to be taken to reduce the risk of serious harm being caused in connection with a security incident.
These definitions are to be considered for application of the Governance Policy, and may be supplemented by any other regulation, policy, directive or procedure.
Access, use or disclosure of personal information that is not authorized by law, as well as its loss or any other form of breach to its protection.
Personal Information (according to the Bill):
Any information which relates to a natural person and directly or indirectly allows that person to be identified.
REPORTING A CONFIDENTILIATY INCIDENT
Any person to whom we may disclose Personal Information (Internal Third Parties and External Third Parties) must report to us when they ave reasonable cause to believe that a Privacy Incident involving Personal Information held by Pelican has occurred. This report must be made as soon as possible to the Person.
PERSON RESPONSIBLE FOR PERSONAL INFORMATION
In compliance with our legal obligation, we have designated a Person Responsible for Personal Information (hereinafter “PRP”). This person can be reached at the following e-mail address: [email protected].
ROLES AND RESPONSIBILITIES
In addition to the responsibilities listed in Section 4 – The Personal Data Manager, the PRP must also:
The PRP is responsible for handling incidents and complaints relating to Personal Information and may also work with any other relevant person as required.
RIGHT OF WITHDRAWAL
In order to respect your rights, if you do not wish us to use and/or communicate your Personal Information, you may write to us at the following address: [email protected]. We will reply within a reasonable time.
Upon request, the Personal Information of a deceased person may be shared with his or her spouse or to a close relative if this information is likely to help the person in his or her grieving process.
COMMUNICATION OUTSIDE QUEBEC
Your Personal Information may be disclosed outside Quebec. If your Personal Information are disclosed outside Quebec, we ask that it be treated with an appropriate level of security.
9- Notice to Residents of Nevada
If you are a resident of Nevada, the following additional provisions apply to the collection, use and disclosure of your personal information.
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests to direct the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. Data sharing practices are not considered a “sale” under Nevada law and Pelican does not sell Personal Data within the meaning of that law.
8- Notice to Residents of California
In the past twelve (12) months, we have collected the following categories of personal information enumerated in the CCPA:
For more information on information we collect, including the sources we receive information from, review the “Data We Collect About You” section. We collect and use these categories of personal information for the business purposes described in this specific section.
Under the CCPA, “sell” is defined broadly, and Pelican does not sell information under the traditional meaning of the term “sell” or as defined in the CCPA. In the event that certain Personal Data must be shared with third parties outside the Pelican Group, this sharing of Personal Data will be performed in accordance with the information indicated in the section “Sharing (Communicating) Your Personal Data” of this Policy.
Right to Delete
If you are a California resident, you have the right to delete the personal information we have collected from you and the right know certain information about our data practises in the preceding twelve (12) months. In particular, you have the right to request the following from us:
To exercise any of these rights, please email us at: [email protected]. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Right to Opt Out
In the event that Pelican sold your personal information in conformity with the term “sell” defined under the CCPA, you have the right to opt out of the sale of your personal information by us to third parties at any time. You may also submit a request to opt out by emailing us at: [email protected].
You may designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
CCPA’s Shine the Light Request
Customers who are residents of California may request: