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Privacy Policy

Last update: August 2023

This privacy policy (the “Policy”) is intended to provide visitors and users (“You”) of all websites jack-jones.ca, veromoda.ca, bestsellerclothing.ca (collectively the “Sites”) operated by BESTSELLER Retail Canada Inc. and BESTSELLER WHOLESALE Canada Inc. (collectively “BESTSELLER”), with information relating to how we process your personal information.

At BESTSELLER, we value our customers and respect your privacy. BESTSELLER recognizes that it must maintain and use your personal information responsibly. We have created this Policy to demonstrate our firm commitment to your privacy and security, and to advise You about the collection, use and disclosure of personal information.

Our Privacy Policy describes how BESTSELLER processes your personal information and your rights in respect thereof. Our Policy provides You the ability to “opt-out” of providing personal information that you do not wish to provide and to access, change or remove any personal information already collected. BESTSELLER will not collect, use or disclose your personal information other than in compliance with this Policy.

This Policy describes what personal information BESTSELLER collects on its websites, mobile applications, social media pages (such as Facebook, Twitter, YouTube), stores, and other locations where the Privacy Policy is located or referenced (the “Platforms”), and how we treat such information.

The Privacy Policy constitutes a legally binding agreement between You and BESTSELLER. Please read this Privacy Policy carefully before using the Platforms or submitting personal information to us.

By accessing or using our Platforms or communicating with us in person, via telephone, email or otherwise, whether during visitors’ and customers’ visits to the Sites and/or to BESTSELLER’s stores and/or by accessing and using the Sites or microsites used in connection with contest and promotional offers, You hereby acknowledge that you have reviewed and understand BESTSELLER’s Policy and that You agree to all of its terms and conditions and consent to the collection, use and disclosure of your personal information as described herein.

The terms “we”, “us”, and “our” refer, to BESTSELLER and its affiliates, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, “BESTSELLER Affiliates”).

MODIFICATIONS TO OUR PRIVACY POLICY

This Policy may be amended from time to time. Please check this page regularly to ensure that You agree with any changes. You will be notified of any significant modifications, through specific communications channels.

WHAT INFORMATION IS COLLECTED BY BESTSELLER?

Any time You visit the Sites, place an order, enter a contest, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials through the Sites or Platforms or otherwise provide personal information to BESTSELLER, it is collected, used and disclosed for various purposes as described herein.

Every time you visit the Sites, the following information is automatically obtained and compiled:

· your internet protocol (IP) address and the domain name registry information associated with that IP address;

· identification of your internet browser, operating system and hardware platform you are using;

· the date and time of your visit;

· the name and address (URL) of the web page you viewed immediately prior to accessing the Site;

· your entire query (if any) that was entered into a search engine which led you to the Site;

· and any other “click stream” data.

This information is stored in our log files. If your browser is not configured to prevent disclosure of such information, the following information may also be revealed:

· your name,

· e-mail address,

· home and work addresses,

· telephone and fax numbers and

· any plain text commentary.

Additionally, the complete record of your actions at the Sites, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.

We also collect personal information from You when You make an order, complete an entry form to participate in a contest, ballot, promotion or survey, whether online or at one of our retail stores, by signing up for our newsletter (if any), communicate with us by telephone, e-mail, in-store or otherwise, setup a user account and password, log in as a registered user of the Sites and provide information in your account(s), or introduce or post any text, image, video, audio, or any information, content or other materials through any of BESTSELLER Sites or Platforms. As a result of these actions, You might supply us with personal information, such as :

· your name,

· date of birth,

· e-mail and postal addresses,

· telephone number(s),

· credit card information,

· product interest information,

· body measurements and

· financial information

your comments, suggestions, ideas, opinions, individual preferences and your product interests from other present and future BESTSELLER Affiliates.

OUR COMMITEMENT TO CHILDREN’S PRIVACY

In light of the importance of protecting children’s privacy, we do not intend the Sites and Platforms for child audiences, and we do not collect, process or use on our Sites any information relating to an individual whom we know to be under 14 years old without the prior, verifiable consent of his or her parent or legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contacting Us” section below for such purpose.

HOW IS MY PERSONAL INFORMATION USED?

In order to better serve You, we may combine information You give us online, in our stores, by telephone or in writing or through our Platforms about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device) e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:

  1. Process your order and answer questions about the status of your order;

  2. Send you products that you have ordered or which have been ordered on your behalf, or send your friends, relatives, and associates, products that you have ordered on their behalf;

  3. Maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon and to communicate special offers and promotions from BESTSELLER concerning our products and services;

  4. Develop, improve, market and provide our products and services and manage our business;

  5. Compile information related to loyalty and earned rewards points programs which we may establish from time to time and to which you may be entitled to in respect of your on-line and in-store product purchases; and

  6. Help us to meet applicable legal and regulatory requirements.

  7. Complete merchandise purchases and returns or to contact a purchaser when necessary, such as when a delivery may be delayed or when a product is out of stock.

We may also request additional information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional. If you provide the additional information, we may use this data to improve our Site and enhance your shopping experience. We also use information collected from our Sites to measure interest in the various areas of our Sites, to ensure that links on the Sites facilitate easy navigation and to help make the Sites more interesting and informative.

Except as described in this Policy, information disclosed to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our customers.

You acknowledge and agree that BESTSELLER shall have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through the Sites by email or post through BESTSELLER’s Platforms, in whole or in part, in connection with the marketing and promotion of BESTSELLER business.

You always have the right to revoke your consent in the manner described in the section “How do I exercise my choices about the collection, use and disclosure of my personal information?” below.

TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?

We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:

  • We may disclose your personal information to any BESTSELLER Affiliates, so that it may communicate with you (whether by e-mail, telephone, post or otherwise) and provide You with promotional materials and additional information about its products, services, promotions and special offers that may be of interest to You, or collect and use that information subject to and for other purposes contemplated by this Policy.

  • In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.

  • We may transfer personal information to non-affiliated third parties for processing on our behalf (such as fulfillment services, technical support, delivery services and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service.

  • We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of BESTSELLER and any Affiliates.

YOUR PERSONAL INFORMATION MAY BE PROCESSED, STORED, USED AND ACCESSED OUTSIDE QUEBEC AND CANADA

You understand and agree that your personal information we or our service providers maintain may be stored, processed or accessed outside of Quebec and Canada.

However, our practices with respect to your personal information will at all times continue to be governed by this Policy, and, where applicable, we will comply with the requirements of applicable laws regarding the transfer of personal information to a third province or country, such as the implementation of contractual measures.

WHAT ARE “COOKIES” AND “WEB BEACONS” AND HOW DOES BESTSELLER USE COOKIES ON THE SITE?

Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when You are viewing the Sites. They keep a record of your preferences making your subsequent visits more efficient. In certain cases, this information is only kept during the session and is deleted when You close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the Sites, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Sites You have visited and the number of times that You view a particular page or other item on the page, login or registration information, your preferences and your purchase history, where available.

No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using the Sites.

We use cookies in order to improve the online experience of users. Your cookies help us keep track of your interests and, if You are a registered customer, your cookies allow us to recognize you when You return to the Sites. If You register on our Sites, your cookies also help us to monitor and maintain information about your use of our Sites. If you have not registered with us, your cookies may be used in order to monitor and maintain non-personally identifiable information about your use of our Sites.

The use of cookies is a common practice adopted by most major websites to better serve their clients. Most internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies. This is done through your browser settings; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. Without cookies, some of the Site’s functions will not be available, and You will lose some of the benefits of the Sites as, amongst other things, we will not recognize You as a past visitor or a registered user.

Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Sites activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Sites.

“Web beacons”, or “pixel tags”, are small strings of code placed on a Web page or in an email message for the purpose of transferring data.

We and the online marketing company or companies that we use to help manage our Internet business and communications employ cookies and Web beacons placed on our Site’s pages to deliver our ads, to measure the effectiveness of our advertising, including our email promotions, and to learn how visitors use our Sites. The ad-serving technology uses non-personal information about your visits to our Sites and the sites upon which we advertise to serve our ads to You . In the course of delivering our advertisements, a unique third-party cookie may be placed or recognized on your browser. The Web beacons used in conjunction with this third-party ad cookie enable our ad server to recognize a browser’s cookie when a browser visits our Sites and to learn which banner ads bring visitors to our Sites.

HOW DO I EXERCISE MY CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF MY PERSONAL INFORMATION?

We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact You and provide You with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as follows.

You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from purchasing items from our Sites or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, You may choose to limit how we use your personal information by not allowing us to share such information with third parties by emailing us at the contact link below.

In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt-out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled “Contacting us” below, or by following the “opt-out” instructions provided in the promotional materials sent to You . Our privacy officer will also be able to provide You with more information regarding the implications of withdrawing consent.

In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e-mail address You used when You signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to two (2) weeks to process your request, during which period You may continue to receive communications from BESTSELLER or BESTSELLER Affiliates. If You prefer not to receive promotional information from BESTSELLER, please follow the unsubscribe instructions set out in this Policy or in the respective privacy policies and/or communications of the BESTSELLER Affiliate.

HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THIS POLICY AND BESTSELLER’ PRIVACY PRACTICES?

You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our privacy officer in writing (see “Contacting us” below).

BESTSELLER will remove any of your personal information from our database within a reasonable period of time pursuant to a written request from You. In the event such request is sent by email, please identify your full name and please type “REMOVE REGISTRANT” in the subject line of your email.

You can also contact our privacy officer for any questions about or to make any complaint in relation to this Policy, as well as to BESTSELLER’s privacy practices in general (see the “Contacting us” section below).

HOW LONG IS MY PERSONAL INFORMATION RETAINED?

We will keep your personal information only as long as necessary for the purposes described in this Policy or such longer period as may be required by applicable law. After, it will safely be destroyed or anonymized.

HOW SECURE IS MY PERSONAL INFORMATION?

We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every BESTSELLER employee, mandatory or agent must abide by this Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences.

BESTSELLER also strives to offer its customers a secure shopping environment. BESTSELLER is a secured site, meaning that all credit card information and other confidential information provided by the customer is encrypted using SSL technology. BESTSELLER is hosted on the Shopify platform which respects the PCI DSS norm set forward by credit card companies.

More information on Shopify PCI compliance.

OTHER WEBSITES

Our Sites may contain links to other websites that are not operated by BESTSELLER. This Policy does not apply to the practices of third parties and bestseller does not assume any responsibility for any such third party practices or for the privacy practices of the websites that it does not operate. By using our site and/or accessing a third party’s website from our site, you release BESTSELLER of any responsibility for the actions, practices and omissions of third parties. By clicking on any hyperlinks to other websites from our site, you may automatically submit to the privacy practices of those websites. Please check the privacy policies of these third party websites. In no event shall BESTSELLER or any bestseller affiliates be liable to you or anyone else for any damages or injury whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the misuse of personal information by those websites.

SOCIAL PLUG-INS

BESTSELLER has installed on the Sites various social media plug-in protocols, such as Facebook’s “Like” button, which allow You to share your likes and interests in BESTSELLER products, services, and promotions with your friends and contacts. When You click on a social media plug-in protocol link, such as the Like button, a link to our Site may appear in the “Likes and Interests” section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Sites if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact You, and those of your friends and contacts who chose to become members of BESTSELLER social media website webpages, with news about BESTSELLER’ so You and your friends and contacts can learn about BESTSELLER’ products, services and promotions. By using a social media plug-in protocol link, You consent to receiving communications from us for all of these purposes and agree to allow us to use information on your likes and interests in connection with the marketing and promotion of our business. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community. For more information about social media plug-in protocols, like Facebook’s “Like” button, and its impact on your privacy rights, please visit the appropriate social media website’s help center (such as the Facebook Help Center at the following: Facebook Help Center - Social Plug-ins) to find out more.

CONTACTING US

Personal information files will be maintained on our servers or those of our service providers and will be accessible to authorized employees and agents who require access for the purposes described this Policy.

To request access to or correction of your personal information, or to ask us any questions about how we use your information, you may write to BESTSELLER’s privacy officer at:

privacyofficercanada@bestseller.com or by mail at the address below.

BESTSELLER RETAIL CANADA

Melanie Armstrong, Privacy Officer

225-A rue De Liège Ouest

Montréal, QC

Canada

H2P 1H4