Privacy Policy (Canada)

PIRTEK USA, LLC – Privacy Policy. Updated 3.4.21

Pirtek USA, LLC (“we,” “us,” or “our”) is pleased you have shown interest in us. This Privacy Policy describes our practices with respect to the collection, transfer, manipulation, storage, disclosure and other uses of information that we may collect from you or that you may provide to us.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE INTERACTING WITH US OR USING OUR WEBSITE. BY INTERACTING WITH US OR USING OUR WEBSITE YOU ACCEPT AND AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT WANT YOUR INFORMATION USED OR DISCLOSED IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION IN THIS PRIVACY POLICY, THEN YOU MUST NOT PROVIDE ANY PERSONAL INFORMATION TO US OR ACCESS OR USE OUR WEBSITE.

This Privacy Policy may change from time to time (see Section 11, “Changes to Policy”). Your continued interaction with us or use of our Website after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates.

Capitalized terms used in this Privacy Policy but not otherwise defined have the meanings ascribed to them by the Terms of Use.

1. Who We Are

We operate a franchise network of Pirtek locations. In the simplest of terms, this means that we provide others (each a “Franchisee” and together, our “Franchisees”) with an opportunity to operate a business using our name, with access to our systems of ideas, programs, products, methods and other intellectual property that is “Pirtek USA.” While we and our Franchisees are part of the same brand, each Franchisee is a separate legal entity, and accordingly, has its own, independent information collection and privacy practices. As a result, please be aware that this Privacy Policy does not govern or apply to any information collected by our Franchisees or any other third parties, whether as a result of your interaction with a Franchisee at a  Franchisee location or otherwise as a result of your transactions with any of our Franchisees.

All information that you disclose to our Franchisees or other third parties will be subject to the privacy policies and practices of such Franchisees or other third parties. You should review the privacy policies and practices of such Franchisees or other third parties prior to disclosing information to them. If you have any questions about how any Franchisee or other third party will use your information, you should review their policies and contact them directly.

2. Consent

You shall obtain any required consents to providing any third-party personal information to the Website and/or us and the processing and disclosure of that personal information as part of the function of the Website and our handling of the personal information in connection with our operations as set out in this Privacy Policy.

When we collect, use or disclose your personal information we will generally obtain your consent.  Most of the time, we will obtain your consent before or at the same time we collect your personal information. In some instances, however, we may seek your consent after we have collected your personal information if we wish to make an additional use or disclosure of your personal information where we do not already have your consent for that new use or disclosure.  This additional consent may be obtained through an amendment to this Privacy Policy as provided herein.

Depending on the circumstances, your consent may be express or implied.  Express consent would arise if you specifically consented to a particular dealing in your personal information.  Express consent can be given orally, electronically or in writing.  Implied consent can be inferred from the circumstances and, in particular, where the uses and disclosures are readily apparent at the time we collect the personal information.  For example, if you send us an email requesting certain information, we will use the email address in your email to send you the requested information without asking you if we can do so; your consent will be implied in those circumstances.  As well, we will assume your consent to the collection, use and disclosure of your personal information for a particular purpose if you voluntarily provide the information for that purpose.

Privacy Policy as a Means of Consent. In addition, certain collection, uses and disclosures that we wish to make of your personal information are specifically set out in this Privacy Policy.  Be sure to review this Privacy Policy since by providing your personal information to us we will assume that you are consenting to the collection, use and disclosure of your personal information in accordance with the terms of this Privacy Policy unless you inform us otherwise.  

Opting In and Opting Out. We may, from time to time, provide you with an opportunity to opt-out of certain collection, uses and disclosures of your personal information.  At the same time, an implied consent to collect, use and disclose your personal information would arise if you fail to indicate that you wish to opt-out of the particular collection, use and disclosure when you are given an opportunity to do so.  

As well, we may, from time to time, provide you with an opportunity to opt into certain collection, uses and disclosures of your personal information.  In that case, if you do not opt-in, we will assume that you do not consent to your personal information being collected, used and disclosed in that particular manner. 

We will generally use an opt-out method when the particular use or disclosure is not unusual, the information is not particularly sensitive or when we believe that most people would likely consent to the particular use or disclosure.  We will generally use the opt-in method in other circumstances. 

Changing Consent. You may change or withdraw your consent at any time on reasonable notice, subject to pre-existing legal and contractual obligations, by contacting us as set out below.  If you withdraw certain consents, it may limit the manner in which you can make use of the Website and to otherwise interact with us.  For clarity, your ability to change or withdraw consent is not absolute.  We reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.

3. What Information We Collect And How We Collect It

We may receive and collect several types of information about you, such as the information described below. The information we collect may be of a confidential nature and may include personally identifiable information, or information regarding products you have purchased or financial information.

Information you give to us: This information about you (including certain personal information, such as your name and contact information, including your phone number, email address and address) that you give to us by entering information via our Websites, our social media pages, by contracting with us or by corresponding with us by phone, email or otherwise.

Information we may receive from third parties: We may obtain information about you from sources other than you, including from Franchisees, FranConnect (in connection with an application by you to become a Franchisee) or from other third parties, such as social media websites, other users of our Website, our third-party service providers or our business partners. The information we receive depends on the third party and that third party’s information collection and use policies.  All information that you disclose to our Franchisees or other third parties will be subject to the privacy policies and practices of such Franchisees or other third parties. You should review the privacy policies and practices of such Franchisees or other third parties prior to disclosing information to them.  We will generally either obtain your consent to obtain your information from these third parties or we will require that the third party confirm to us that they are entitled to disclose your information to us. 

Information we collect through automatic data collection technologies: We and third parties acting on our behalf may use various technologies to collect and store information when you use our Website, including sending cookies, web beacons, pixel tags or other anonymous identifiers to your device, or otherwise tracking your activities on our Website over time, including the searches you conduct on our Website, and the pages and content you visit and view on our Website. “Cookies” are pieces of data stored on a computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or e-mail for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” include random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology may not be available. These technologies help us know that you are logged on to or using our Website, provide you with features based on your preferences, help us understand when and how you are interacting with our Website and compile other information regarding your use of our Website.

The information collected through these technologies, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (i.e., information that can identify you). For example, we may tie this information to personal information about you that we collect from other sources or that you provide to us.

It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of our Website. The method for disabling Cookies or other automatic collection technologies may vary by device and browser, but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking.

For further information on how you can opt-out of behavioral tracking on this Website, please contact us at pirtekusa@pirtekusa.com or in writing at:

PIRTEK USA, LLC

Attention: Marketing Department

300 Gus Hipp Boulevard, Rockledge, Florida 32955

In contacting us, you must include the reference to our “Privacy Policy” on the subject line and in the body of the message and include the email address or mailing address, as applicable, for us to send our response. We reserve the right not to respond to inquiries submitted other than to the address specified above.

Our Collection Practices with Respect to Certain Specific Information:

General Use and Preference Information. We may collect, receive and store information regarding your general use of our Website (such as details of how and when you used our Website, interactions with our Website, resources that you access, your Internet protocol address, your browser type and your device type), as well as your preferences.

Device Information. When you access or use our Website through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Website, such as date and time. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account (if any) to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

Location Information. If you submit your postal code or other geographic information to us, you may provide us with your location information. Furthermore, if you enable the collection of location information on your device, then we may collect information about your actual location, such as your mobile device’s GPS coordinates. We may also use other technologies to determine your location (such as through the location of nearby Wi-Fi access points or cell towers), or obtain your location information from third parties.

Third-Party content providers may collect your information: Some content or applications, including advertisements, on our Website may be served by third-parties, including advertisers, servers, content providers and application providers. These third parties may collect information about you when you use our Website. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Google Analytics. We use Google Analytics to evaluate the use of our Website.  Google Analytics uses cookies and other identifiers to collect information, such as how often users visit the Website, what pages they visit, when they do so, and what other websites they visited prior to visiting our Website.  Google Analytics may collect your IP address, data related to the device/browser you are using, and other information about your use of our Website.  Google Analytics provides us with statistical information about the use of our Website.  We use this information to understand our visitors and to improve the Website.  We cannot associate any of this information with any particular visitor.  

Google Analytics collects information on your activities on our Website and may associate it with other information that they may have collected and they may use all of this information for their own business purposes.  See https://policies.google.com/technologies/partner-sites for more information on Google’s privacy practices with respect to websites that use Google services.

4. How We Use Your Information

We may use your information for various lawful business purposes. Among others, these purposes may include using your information to:

  • Present our Website, content, products and services to you. We strive to ensure that our Website, content and services meet the high standards that you would expect of us. For example, we might confirm, process and complete transactions requested by you, verify information that you provide to us or provide you with notices regarding our Website, content, products or services, including any changes to the same.
  • Contact you and provide you with information. For example, we might contact you through telephone, email, postal, notifications, text messages or other communications, where permitted by applicable law, to provide you with updates, advertisements or promotional materials, surveys, offers, quotes, personalized information and other information from us or our business partners.
  • To administer your application for franchise through FranConnect. For example, we may use your information to undertake credit checks. The FranConnect service is separate from our own and does not incorporate our Privacy Policy. You should read FranConnect’s privacy policy prior to disclosing information to FranConnect.
  • Analyze, improve and manage our Website, content or services. For example, we might analyze your information or obtain feedback regarding our Website, content, products or services to understand and anticipate your needs and preferences, better understand your use of our Website, content, products or services, customize and tailor our Website, content, products or services or related advertising, improve our marketing and promotional efforts, engage in internal statistical analysis and reporting, and provide feedback or information to our business partners, vendors, advertisers and other third parties.
  • Resolve problems and disputes, and engage in other legal and security matters. For example, we may use your information to comply with, monitor compliance with or enforce this Privacy Policy, our Terms of Use and any other applicable agreements and policies, as well as meet other legal and regulatory requirements and protect the security and integrity of your information or our Website, content, products or services. We might also use your information to investigate any compliant you make regarding our Website, content, products or services, or with respect to any Franchisee, to to provide evidence in any dispute or anticipated dispute between you and us, or to prevent fraud or other criminal or otherwise inappropriate activities.
  • Respond to an Inquiry.  We may use your information, such as contact information, to respond to an inquiry or a request for information that you may make.
  • To comply with a request from you in connection with the exercise of your rights. For example, where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists to be able to comply with your request.
  • Franchises. We provide a number of services to support our Franchisees.  As such, a Franchisee may provide your information to us to enable us to assist that Franchisee with its operations and, as such, we may use your information in order to provide that assistance.  

5. How We Disclose Your Information

 General disclosure of your information: We may disclose your information:

  • to any person who, in our reasonable judgment, is authorized to receive your information as your agent, including as a result of your business dealings with that person (for example, your attorney);
  • to our Franchisees, or other third parties that are affiliated with us, including our subsidiaries or legal affiliates and their respective employees, agents and representatives, in each case, involved in delivering Pirtek products and services to you, for recruitment or marketing purposes, or to assist such Franchisees or other third parties in managing, analyzing or improving their service offerings to you;
  • to our third-party vendors so that they may provide support for our internal and business operations, including for the handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials and the maintenance and security of our Website, content, products or services;
  • to third parties in order to process payment or collect on your account;
  • to fulfill the purpose for which you provide it;
  • with your consent;
  • to third parties when you engage in certain activities through our Website or services that are sponsored by such third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third party;
  • as required by applicable law or ordered by a court, regulatory or administrative agency;
  • as we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule, restriction or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
  • if requested by authorities in the event of any act instance of local, regional or national emergency;
  • to enforce our Terms of Use, including this Privacy Policy, and any other applicable agreements and policies;
  • to otherwise enforce or protect our rights; and
  • in connection with a Business Transfer (as defined below).

Other Disclosures by Us of Information:

Aggregation and De-Personalization. We may use and disclose any de-identified information for any lawful purpose, including for any commercial purpose. De-identified Information means Information that does not identify you, including any identifiable information de-identified by either by combining it with information about others, for example, by aggregating your information with information about other persons, or by removing characteristics, such as your name, that make the information personally identifiable to you.

Business Transfers. We may disclose, lease, sell, assign or transfer your information to third parties in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part of or our whole business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity or assets (including our Website) to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.

Circumvention of Security Measures: We use a variety of technical, administrative and organizational security measures to keep your personal information safe. However, despite our efforts, please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of your information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, to the extent permitted by applicable law, we are not responsible for circumvention of any privacy settings or security measures of Website, content, products or services. Therefore, you use our these offerings at your own risk, and you should not expect that your information or voice or data transmissions will always remain private. We do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, to the extent permitted by applicable law, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate your information.

6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:

  • Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some or all parts of our Services may then be inaccessible or may not function properly.
  • Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than product or service-related communications, such as those communications related to the completion or processing of your purchase, change of password and other similar communications essential to your transactions on or through our Website or in connection with our products or services) through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by emailing us at pirtekusa@pirtekusa.com. Please be aware that it can take up to 10 business days to remove you from our marketing lists. If you opt-out from receiving our marketing communications, you may continue to receive product or service-related communications as described above.
  • Managing Your Information. If a portion of our Website, products or services allows you to create an account with us, then you can review and update some of your information by logging into that portion of our Website, product or service, visiting your account profile page and making changes.
  • Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.

7. Storage and Processing Information Outside Canada

Our Website, products and services are largely operated in the United States. Many of our affiliated companies are located in the United States and elsewhere.  As well, many of our service providers are located in the United States and elsewhere.  As such, we may transmit your personal information to our affiliated companies and to third parties who are located outside Canada to assist us in the operation of our business.  By providing personal information to us, you are consenting to the delivery and the storage, processing and handling of your personal information outside of Canada.  Please note that many governments around the world can require that organizations under their jurisdiction deliver information, including personal information, that is in the control of that organization to the government.  This is often done without notice to or the consent of the affected individual.

8. Children Under the Age of 13

Our Website is intended to be accessed and used only by adults and is not directed to minors. If you are below the age of 18, you may access and use our Website only under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and our Terms of Use. We do not knowingly collect personally identifiable information on or through our Website from or relating to anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13.  If we learn that we have inadvertently gathered information from anyone under the age of 13, we will take reasonable measures to promptly remove that information from our records.

9. Other Collection, Use and Disclosure

We may monitor your use of our Website to ensure the proper use and operation of the Website and your compliance with the Terms of Use related to the Website or other related agreements.

As well, the law permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in a number of circumstances.  We reserve the right to collect, use and disclose your personal information in these circumstances without your knowledge or consent as the law may permit or require.

10. Information That You Disclose To Third Parties

Our Website may contain links or access to websites or services operated by third parties that are beyond our control. Links or access to third parties from our Website are not an endorsement by us of such third parties, or their respective websites, applications, products, services or practices. We are not responsible for the privacy policies, terms and conditions, practices or the content of such third parties. All information that you disclose to such third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use Information, you should review their policies and contact them directly.

11. Changes To This Privacy Policy

 We may amend this Privacy Policy at any time and from time to time. Amendments will take effect immediately upon us posting the updated Privacy Policy on the Website. Accordingly, you are encouraged to revisit this Privacy Policy from time to time in order to review any changes that we have made. The date on which this Privacy Policy was last updated will be noted immediately above this Privacy Policy.

12. Contact Us

If you have any questions, suggestions or complaints regarding our use or disclosure of your information or wish to contact us to make a request regarding your information, please contact us at pirtekusa@pirtekusa.com or in writing at:

PIRTEK USA, LLC

Attention: Marketing Department

300 Gus Hipp Blouevard, Rockledge, FL 32955

Phone: 321-701-3330

In contacting us, you must include the reference to our “Privacy Policy” on the subject line and in the body of the message and include the email address or mailing address, as applicable, for us to send our response. We reserve the right not to respond to inquiries submitted other than to the address specified above.