Privacy Policy

 

Last Updated: June 7th, 2023

 

 

Introduction

Jacob Mercari Inc. (“Jacob Mercari”, “we”, “our”, “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (the “Privacy Policy”). 

This Privacy Policy governs our practices to the collection, use and disclosure of Personal Information (as defined below) that we collect from visitors to our website, www.jacobmercari.com (the “Site”), customers of our in-premises stores, and individuals who otherwise provide us with Personal Information. By using the Site or providing your personal information in our stores, you agree and consent to the collection, use, disclosure, and other processing of your Personal Information as outlined in this Privacy Policy. 

Definitions

To better understand this Privacy Policy, Jacob Mercari has set out some basic definitions to use when reading and interpreting it. 

  • Collection: the act of gathering, acquiring, recording, or obtaining Personal Information from any source, including third parties, by any means. 
  • Consent: voluntary agreement to the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of Jacob Mercari.
  • Disclosure: making Personal Information available to a third party for that party’s own use. 
  • Personal Information: information about an identifiable individual that is recorded in any form,  but does not include aggregated information or depersonalized that cannot be associated with an individual.  
  • Transfer: making Personal Information available to a third party for processing, storage or otherwise, solely to be used on behalf of Jacob Mercari. 
  • Use: the treatment, handling, and management of Personal Information by and within Jacob Mercari. 

Accountability

Jacob Mercari is responsible for Personal Information under our possession and control. We have a designated a Privacy Officer to be responsible for our compliance with this Privacy Policy and applicable privacy legislation.  Jacob Mercari will make known, upon request, the title of the person or persons designated to oversee Jacob Mercari’s compliance with this Privacy Policy.

Jacob Mercari is responsible for Personal Information in its possession or custody, including information that has been transferred to a third party for processing. Jacob Mercari shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

Jacob Mercari shall implement policies and practices to give effect to these principles, including:

  • Implementing procedures to protect Personal Information;
  • Implementing an internal process to receive and respond to complaints and inquiries relating to this Privacy Policy; and training staff and communicating to staff information about our policies and practices.

What Information Do We Collect From and About You?

We collect and use the following information about you, including:

  • Personal Information: this is information that can be used to identify you, directly or indirectly. Examples include your name, email address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, and purchase and sizing information.
  • Non-Personal Information (“NPI”): is data and information that is aggregated or anonymized in such a manner that it cannot be connected to an individual.  For example, statistical information about the geographic locations of visitors to our Site.
  • Technical Information: this includes a users’ browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and information about their Internet connection.
  • Non-Personal Data About Site Interactions: this includes full Uniform Resource Locators (URLs), clickstream to, through and from our Site (including date and time), products viewed or searched for, page response times, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs).

How Do We Use Your Personal Information

We use Personal Information that we collect from for following purposes: 

  • To fulfill your requests for information about our company and our products and services; 
  • To sell our products and fulfill commercial transactions with you;
  • To communicate with you about your requests and inquiries; 
  • To contact you with newsletters, marketing or promotional materials and other information that may be of interest you;
  • To communicate with you regarding customer service issues;
  • To improve the Site, and our products or services; and 
  • To protect the security or integrity of our Site and our business. 

How Does Jacob Mercari Collect, Use and Share NPI

Jacob Mercari uses NPI in an ongoing effort to better understand and serve our customers and to improve the content and functionality of our Site. 

In addition, Jacob Mercari may use aggregated and anonymized information from individuals for research purposes to improve our Site or services.  This aggregated de-identified information does not identify any individual and therefore is considered and treated as NPI under this Privacy Policy.  For instance, Jacob Mercari uses NPI to monitor traffic and to collect statistical data. 

No NPI by itself, or together with aggregated Personal Information, can be tracked to a specific individual’s Personal Information. 

Consent

Jacob Mercari respects your privacy and, unless otherwise required by law, Jacob Mercari will not collect, use or disclose your Personal Information without your prior consent. Your consent may be expressed or implied. In certain circumstances, your consent may be implied by your actions.  For example, providing Jacob Mercari Personal Information to purchase our products is implied consent to use such information to fulfill your purchase.

The form of consent sought by Jacob Mercari may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, Jacob Mercari shall take into account the sensitivity of the Personal Information and the reasonable expectations of Jacob Mercari’s Users.  Jacob Mercari will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive.  

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. In order to withdraw consent, you must provide notice to Jacob Mercari in writing. See “Inquiries; Challenging Compliance”  section below.

Do We Share Your Personal Information With Third Parties?

As noted above, Jacob Mercari does not disclose your Personal Information to third parties, except as provided for in this Privacy Policy.   

We may share your Personal Information with our service providers that help us with our business operations. For example, we may transfer information with service providers who provide and facilitate our Site, to perform Site-related services or to assist us in analyzing how our Site is used.  We require our service providers to keep your Personal Information secure. In addition, our service providers may not use or disclose Personal Information for any purpose other than providing the services on our behalf unless we or they have obtained your consent. 

We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control. 

Subject to the foregoing, only Jacob Mercari’s employees, agents, contractors, service providers (and their employees and contractors) with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about you.   All such employees and contractors will be required as a condition of employment to contractually respect the confidentiality of Personal Information. 

Jacob Mercari will disclose Personal Information without your knowledge or consent if Jacob Mercari receives an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your Personal Information. If Jacob Mercari receives a written request from a police officer or other law enforcement agency with authority to request access to your Personal Information in the course of an actual or potential investigation into a breach of a law, Jacob Mercari’s policy is to provide the requested information. 

How Long Do We Retain Your Personal Information

Jacob Mercari will retain Personal Information for only as long as required to fulfill the identified purposes or as required by law. Personal Information that is no longer required to fulfill the identified purposes will be destroyed, erased, or made anonymous according to the guidelines and procedures established by Jacob Mercari. 

Cookies and Opt-Out

Jacob Mercari uses cookies to enhance Site user experience.  Users web browsers place cookies on their computers for record-keeping purposes and sometimes to track information about them.   Cookies help Jacob Mercari accurately understand how many consumers are visiting Jacob Mercari’s Site, how often Users visit the Site, what content Users are most interested in, and how they prefer to interact with Content on the Site.  For example, a cookie will allow Jacob Mercari to remember certain things like your Internet Protocol (IP) address (IP addresses are strings of numbers that identify senders and receivers of information sent across the Internet), your login information, the time and duration of your visits, how you navigated through Jacob Mercari’s content and where you exited the Site. To save you the time of re-entering your login information every time you come back to the Site, Jacob Mercari may link information contained in a cookie to your email address.  Jacob Mercari does not use cookies to retrieve information from your device that Jacob Mercari did not originally send in a cookie.  

You may disable cookies using your browser’s settings. Please consult your browser’s help function for information on how to disable cookies.  Note that if you disable cookies, certain features of Jacob Mercari’s Site may not function to its fullest potential. 

How Can I Access My Personal Information

Upon request, Jacob Mercari will provide you information regarding the existence, use and disclosure of your Personal Information and you will be given access to that information. Jacob Mercari will respond to an application for individual access to Personal Information within a reasonable time and at minimal or no cost to the individual. An individual may challenge the accuracy and completeness of the information and have it amended as appropriate. 

NOTE: In certain circumstances, Jacob Mercari may not be able to provide access to all of your Personal Information that it holds.  Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. Jacob Mercari will provide the reasons for denying access upon request. 

How Do We Protect Your Personal Information?

Jacob Mercari protects your Personal Information by security safeguards appropriate to the sensitivity of the information. Jacob Mercari will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.  This includes limiting access of employees to, and the use of, your Personal Information through the use of passwords and graduated levels of clearance. We do not publish all of our security measures online because this may reduce their effectiveness. We take physical precautions to ensure that the computer servers on which your Personal Information is stored and archived are secure and that access to such servers is protected. We educate our employees with respect to their obligations to protect your personal information and we require any third-party service providers to take comparable steps to ensure the protection of any of your personal information that is shared with them. 

Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your Personal Information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit Personal Information to us using our website if you consider that information to be sensitive. 

Email Communications

Jacob Mercari complies with Canada’s anti-spam legislation (CASL), and we will not send you electronic communications in contravention of this law.

We will ensure that each email or other electronic communication includes an opt-out feature and instructions on how to unsubscribe if you no longer wish to receive future emails from us. You can unsubscribe using the link included in the email or electronic message, or by using the contact information set forth below. If we do not have consent, express or implied, to send you commercial electronic messages, we will only communicate with you for the limited purposes permitted under CASL.

To unsubscribe from our email communications or any other questions you may have about our electronic communications practices please contact our Privacy Officer as set out below.

Inquiries; Challenging Compliance

An individual will be able to make inquiries and/or address a challenge concerning compliance with this Privacy Policy to Jacob Mercari’s Privacy Officer.

Jacob Mercari will maintain procedures for addressing and responding to all inquiries or complaints about Jacob Mercari’s handling of Personal Information. Jacob Mercari shall investigate all complaints. All inquiries or complaints involving Jacob Mercari’s handling of Personal Information or compliance with this Privacy Policy or with PIPEDA shall be directed to Jacob Mercari’s Privacy Officer. 

The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt.  The Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If Jacob Mercari finds a complaint to be justified, it will take appropriate measures, including, if necessary, amending its policies and procedures. 

For more information, please contact Jacob Mercari’s Privacy Office as follows: 

Email: info@jacobmercari.com

Address:
Jacob Mercari Inc.                
1004-27 Queen St. E
Toronto, ON  M5C 2M6
(416) 861-8204

Storage Outside of Canada

Your Personal Information may be used or stored by us or our service providers outside of Canada. We require that our service providers safeguard your Personal Information. However, if your Personal Information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored. If you are located outside Canada and choose to provide information to us, please note that we transfer the information, including Personal Information, to Canada where it is processed. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Third-Party Links

While this Site may contain links to third party website, we are not responsible for the privacy practices of other websites and encourage you to read their privacy policies. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children and Minors

The Site is not directed to children under the age of [18] years. Jacob Mercari will not knowingly collect Personal Information about a child under the age of [18]. Jacob Mercari does not allow minors (persons who are under the age of majority in their place of residence) to use the services provided on the Site. 

Updates to this Privacy Policy

Jacob Mercari may modify and amend this Privacy Policy from time to time in its sole discretion without prior notice to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site.  Any such amendment(s) will be posted on the Site and will be effective as of the date of posting.  You can determine when this Privacy Policy was last revised by referring to the date it was “Last Updated” above. 

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