Personal Information Protection Policy

Last revision on [4 Novembre 2019] BENNY & BROTHERS INC. (“Benny&Co”) protects the personal information of consumers who use its transactional platform made available by Benny&Co to the establishments in its network (the “Establishments”) and consumers, including the websites www.benny-co.com any downloadable electronic application published by Benny&Co (the “Platform”): In this Policy, the terms “User”, “Person” or “you” refer to you as a consumer using the Platform. Benny&Co has adopted this Personal Information Protection Policy (the “Policy”) and encourages you to carefully read it. The User expressly consents to the collection, use, communication and retention by Benny&Co of its personal information and all other information disclosed by it to Benny&Co (and which it may disclose in the future) pursuant to the terms of this Policy.

1. Consent

The knowledge and consent of the User are required for the collection, use, or disclosure of personal information, except where inappropriate. (For example, legal, medical, or security reasons may make it impossible or impractical to seek consent.) Benny&Co will not, as a condition of the supply of a product or service, require a User to consent to the collection, use, or disclosure of information beyond that required to fulfil the specified purposes. Individuals can give consent in many ways. For example, an online application form may be used to seek consent, collect information and inform the User of the use that will be made of the information. By completing and sending the form, the User is giving consent to the collection, use and communication of its personal information for the specified purposes. A User may withdraw consent at any time, subject to legal or contractual restrictions, as the case may be, and reasonable notice. Benny&Co will inform the User of the implications of such withdrawal.

2. Collection

The collection of personal information will be limited to that which is necessary for the specified purposes. By providing personal information to Benny&Co., the User understands and agrees that:

• the purpose of its User account and the personal information which it contains is to allow the User to obtain products and services from any Establishment, to facilitate the delivery of products and services by the Establishments and to help Benny&Co and its Establishments improve their products and services by allowing them to analyze certain personal information, such as the location of the consumers;
• the categories of persons who will have access to personal information within Benny&Co and its network of Establishments shall be restricted to those who necessarily require them for the specified purposes;
• the place where its User account will be kept is a server controlled by Benny&Co; and
• the User may access its User account and the personal information contained in it and correct such personal information, as required.

3. USE, COMMUNICATION AND RETENTION

Personal information will not be used or disclosed for purposes other than for the specified purposes, except with the consent of the User or as required by law. Retention, use and non-communication of information

• Benny&Co will take the security measures necessary to ensure the protection of the personal information collected, used, communicated, kept or destroyed and that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.
• Benny&Co will not communicate to a third party the personal information contained in any User account, or use it for purposes not relevant to the specified purposes, unless the User consents thereto or such communication or use is provided for by law.
• Benny&Co, if it communicates personal information outside Québec or entrusts a person outside Québec with the task of holding, using or communicating personal information on his behalf will first take all reasonable steps to ensure that the information will not be used for purposes not relevant to the specified purpose or the User account or communicated to third parties without the consent of the User, unless otherwise permitted by law.

Communication to third parties

• Each User consents to the communication of its personal information to any of Benny&Co’s affiliates and to any Establishment from which the User requested products or services through the Platform.
• Benny&Co’s authorized employees, mandataries or agents or any party to a contract for work or services may have access to personal information without the consent of the User if the information is needed for the performance of their duties or the carrying out of their mandates or contracts.
• Benny&Co may, without the consent of the concerned Users, use, for its own commercial or philanthropic prospection purposes, a nominative list of its clients or employees, in which case Benny&Co shall grant the concerned Users a valid opportunity to refuse that the information concerning them be used for such purposes.
• If Benny&Co, on the basis of a nominative list, engages in commercial or philanthropic prospection, it will identify itself and inform the User to whom it is addressing itself of the latter’s right to have the personal information concerning him deleted from the list that it holds. For that purpose, Benny&Co will provide the User with a geographical or technological address, depending on the means of communication used, where a request to have personal information deleted from the nominative list may be sent.
• A User who wishes to have any of his personal information deleted from a nominative list may do so at any time by making a request to Benny&Co.

4. Access

Any User who has a User account may access the personal information which Benny&Co has retained regarding him by consulting the control panel of his User account. Upon request, any User will be informed of the existence, use, and disclosure of his or her personal information and will be given access to that information. All Users will be able to challenge the accuracy and completeness of their personal information and have it amended as appropriate. General provisions

• Benny&Co will, at the request of a User who has a User account, confirm the existence of the account and communicate to the User any personal information concerning him.
• No request for access or rectification may be considered unless it is made in writing by a User who proves that he is the User concerned or the representative, heir or successor of that User, the liquidator of the succession, or the person having parental authority if the User is a minor. This section does not limit the communication of personal information to a User or the rectification of that information as a result of a service to be provided to the User.
• Benny&Co, when dealing with a User account that is the subject of a request for access or rectification by a User, will respond to that request with diligence after receipt of the request.

Restrictions on access

• Upon request, Benny&Co will inform a User whether or not Benny&Co holds personal information about the User and may indicate the source of this information. Benny&Co will allow the User access to this information. In addition, Benny&Co will provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.
• A User may be required to provide sufficient information to permit Benny&Co to provide an account of the existence, use, and disclosure of personal information. The information provided will only be used for this purpose.

5. non-personally identifiable information

Benny&Co enables providers of web analytics services and data to collect non-personally identifiable information about traffic on the Platform via advertising cookies and anonymous identifiers in addition to non-personally identifiable information collected through standard web analytics implementations. Among the web analytics tools it uses, Benny&Co has implemented the following  Google Analytics advertising features (the “Advertising Features”):

• Remarketing with Google Analytics;
• Google Display Network Impression Reporting;
• DoubleClick Platform integrations; and
• Google Analytics Demographics and Interest Reporting.

Benny&Co and third-party vendors may use (i) first-party cookies (i.e. cookies associated with a site that a User visits, such as the Google Analytics cookie) or other first-party identifiers, and (ii) third-party cookies (i.e. cookies associated with the domain of a site other than the one that a User visits, such as the DoubleClick cookie) or other third-party identifiers together to inform, optimize the display of ads and serve ads based on a User’s past visits to the Platform as well as to determine the relation between registered visits on the Platform and ad impressions, other uses of advertising services and interactions with these ad impressions and these advertising services. Benny&Co may use, in Google Analytics, data from Google Ads targeted by interests or audience data provided by third parties (e.g. age, gender and interests of Users) to optimize advertising campaigns, notably by analyzing the performance of expenses, including conversion rates, according to various segments and media. Users can opt-out of the Advertising Features that Benny&Co uses, including through Google Ads Settings and Ad Settings for mobile apps, or any other available mean, such as the consumer opt-out tool pertaining to interest-based advertising developed and offered by the Network Advertising Initiative (“NAI”).

6. Challenging Compliance

Any User may address a complaint concerning compliance with this Policy to the designated individual or individuals accountable for Benny&Co’s compliance. Benny&Co has put procedures in place to receive and respond to complaints or inquiries about their policies and practices relating to the handling of personal information. Benny&Co will investigate all complaints. If a complaint is found to be justified, Benny&Co will take appropriate measures, including, if necessary, amending its policies and practices. All complaints or request regarding the protection of personal information shall be sent by e-mail to [email protected]. Notwithstanding anything to the contrary in this Policy, Benny&Co’s sole duty towards any User whose personal information is retained by Benny&Co in the event of any present or future non-compliance of Benny&Co with this Policy is limited to providing access to, correcting or deleting the concerned personal information.