August 2, 2010
Le Groupe Fruits & Passion Inc. (hereinafter “Fruits & Passion”) is committed to ensuring the confidentiality of any information conveyed via the Internet or used in transactions at Fruits & Passion stores or on the website (the “Site”), as well as the privacy of data collected during certain commercial activities supported by Fruits & Passion, such as warehouse sales or promotional contests.
In conjunction with this confidentiality and privacy policy (the “Policy”), Fruits & Passion will disclose to you:
The security measures it has put in place to protect your personal information and data
The nature of the personal information we gather when you visit a store, use the Site and/or order products from the Site (“Personal Information”)
The reasons we gather such Personal Information, how it will be used and the persons/entities that may have access to it
Fruits & Passion reserves the right to modify this Policy at any time, effective as soon as changes are posted on the Site, with no liability to you or any other individual. If we make modifications, we will post the new Policy on the Site and indicate the date of the most recent update.
Confidentiality and Security
Fruits & Passion undertakes to uphold the confidential nature of any Personal Information that you may provide when using the Site or in another transaction.
The Fruits & Passion website and network that connects franchise stores to the head office use Secure Socket Layers (SSL) technology. This means that all personal and credit card information is transmitted in the form of an encrypted electronic message that guarantees confidentiality. The message therefore cannot be intercepted, altered or decoded by a third party. In addition, Fruits & Passion servers are protected by firewall-type technology.
However, no security measure is perfect and you should be aware that there is always a certain level of risk that the Personal Information you submit to Fruits & Passion might be disclosed without your consent through no fault of Fruits & Passion. Fruits & Passion hereby waives any liability regarding the disclosure of your personal and confidential information, except in the event that such disclosure results from negligence on its part.
It is important to note that, in order to ensure security, no credit card-related data is kept on Fruits & Passion’s servers. Should you be concerned about the issue of confidentiality and the use of your credit card on the Internet, Fruits & Passion invites you to place your order by phone by calling 1-866-638-8417 and speaking with one of our representatives.
What Personal Information Does Fruits & Passion Gather?
Fruits & Passion gathers only Personal Information that you provide when in a store (through our franchisees) or when you use the Site, including specifically when you create an account, purchase products, sign up for special offer notifications, and enter promotions or contests. “Personal Information” includes your name, address, phone number, email address, gender (male/female), age/birthdate, credit card number and certain other information that you may agree to provide. In so doing, you agree that your confidential Personal Information may be gathered, used, and communicated for the purposes and events set forth in the Policy.
How Does Fruits & Passion Use My Personal Information?
Fruits & Passion may use the your Personal Information (gathered in stores, on the Site or elsewhere) to set up an account in your name, process your order, contact you in the event that you win a prize as part of a contest, provide after-sale service, offer you promotions (including by SMS if you provide your cellphone number when creating your account), personalize its communications with you and, if you so consent, to occasionally send you customized updates about the Site and its products. We may also use your Personal Information for statistical purposes and as required by law, including in compliance with court orders.
Unless you expressly authorize it, Personal Information gathered in stores (through our franchisees) is used only by Fruits & Passion or its franchisees in accord with this Policy.
What Third Parties May Have Access to My Personal Information?
Your Personal Information may be shared with our affiliated companies and/or service providers that contribute to or participate in various aspects of our commercial activities and product management; they may be located throughout the world, including in countries whose policies for protecting personal information are not the same as Canada’s. More specifically, we may give your address to the shipping company responsible for delivering the products you have ordered, and the details regarding your sales transaction and credit card number will be disclosed to the card issuer. Our service providers are subject to confidentiality agreements and other legal restrictions that prohibit them from using data we provide for any purpose other than fulfilling their specific duties as subcontractors.
Fruits & Passion may also disclose your confidential Personal Information as required by law, including in compliance with court orders.
The personal information gathered on the Site will be conveyed to the aforementioned third parties only. Fruits & Passion assures you that its advertisers and/or partners do not, at any time, have access to your confidential Personal Information. Moreover, Fruits & Passion does not resell its customer list in which case Fruit & Passion will ensure appropriate confidentiality restriction are in place.
Unless we have your express permission, the Personal Information gathered in our stores (through our franchisees) will be disclosed to Fruits & Passion only.
Fruits & Passion may also disclose you Personal Information to a third party in the event of a change of ownership, or a grant of a security interest in, all or part of Fruits & Passion through, for example, an asset or share sale, or some other form of business combination, merger or joint venture or as permitted by law.
Links to Other Sites
The Fruits & Passion Site includes links to other websites operated by other companies. By clicking on these links, you will leave the Fruits & Passion Site. Fruits & Passion has neither developed, reviewed or verified the accuracy of the data contained on these sites. Fruits & Passion has no control over the operation of these websites and the fact that they may be linked to the Fruits & Passion Site does not in any way render Fruits & Passion liable, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you. Any Personal Information that you transmit through these websites will be subject to their policies for the protection of personal information. We suggest that you pay close attention to the privacy policies of these websites.
Cookies
Cookies, or “telltale marks,” are small text files that embed themselves on your hard drive from some of the Site’s pages. The cookies used by Fruits & Passion are harmless in the sense that they cannot extract any information from your hard drive. In addition, you retain full control over cookies since you have the ability to remove them. Fruits & Passion uses cookies primarily to determine site traffic, convey useful information to its Marketing Department, and personalize your future visits to the Site.
The Right to Access, Correct or Remove Information, and Questions
Your Personal Information will be on our servers located in Vancouver.
You have the right to access, modify, correct or remove your personal information. To invoke this right, or if you have questions about the gathering, use or sharing of your Personal Information, please contact us at 1-866-638-8417 or email info@fruits-passion.com.
You may opt out of Fruits & Passion emails about the Site and products at any time by clicking on the “unsubscribe” link at the bottom of the newsletter or modifying your settings in the “My Account” section of the Site.