Privacy Policy

Last modified: September 6, 2024

 

Welcome to Athletic Brewing’s privacy policy.

 

Athletic Brewing respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website  and tell you about your privacy rights and how the law protects you.  This privacy policy applies to users located in Canada.  For users located in UK/EU (https://uk.athleticbrewing.com/pages/privacy-policy) and other jurisdictions (https://athleticbrewing.com/pages/privacy-policy), please see these applicable policies.

 

Our use of the personal information we collect from you is subject to the British Columbia Personal Information Protection Act (“PIPA”) and/or the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”). PIPA and PIPEDA (as applicable) set out the ground rules for how British Columbia businesses and not-for- profit organizations may collect, use and disclose personal information.

 

Purpose of this privacy policy.

 

This privacy policy aims to give you information on how Athletic Brewing collects and processes your personal data through your use of this website, including any data you may provide through this website when you contact us for information, sign up to receive updates from us, make a purchase through our online store.

 

Our website is not intended for children and we do not knowingly collect data relating to children under the age of 16.

 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

 

Controller.

 

Athletic Brewing Co. Canada ULC of 1200 Waterfront Centre, 200 Burrard St, Vancouver BC V6C 3L6, Canada is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).

 

This privacy policy is issued on behalf of the Athletic Brewing Group so when we mention "we", "us" or "our" in this privacy policy, we are referring to the relevant company in the Athletic Brewing Group responsible for collecting, using and securing your data.

 

We have appointed a data privacy officer who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

 

Contact details.

 

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

 

Full name of legal entity: Athletic Brewing Co. Canada ULC

Email address: privacy@athleticbrewing.com

Postal address: 1200 Waterfront Centre, 200 Burrard St, Vancouver BC V6C 3LC, Canada

 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

Third-party links.

 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

The data we collect about you.

 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

 

If you fail to provide personal data.

 

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

 

How is your personal data collected?

 

We use different methods to collect data from and about you including through:

 

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.

 

How we use your personal data.

 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

• Where we need to perform the contract we are about to enter into or have entered into with you, such as when you purchase products form our online store.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

 

By choosing to provide your personal data on our website, you consent to the collection, use, storage and disclosure of personal data for the purposes identified within this policy We will not collect, use, or disclose your personal data other than as set forth in this policy, without your consent.

 

You may withdraw your consent to the collection, storage, use, disclosure and retention of personal data about you at any time. Please see the User Rights section below.  Withdrawal of your consent to the collection, storage, use, disclosure and retention of personal data may result in us being unable to contact you or you being unable to continue use of our website or services.

 

Purposes for which we will use your personal data.

 

We have set out below a description of all the ways we intend to use your personal data, and which of the legal bases we rely for that use. We have also identified what our legitimate interests are where appropriate.

 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of a contract with you
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)
To process an application for employment with us	(a) Identity (b) Contact	Performance of a contract with you

 

Consenting to and Opting out of marketing messages.

 

We will get your consent before sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. You can ask us or third parties we have contracted with to send marketing messages on our behalf to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

 

Cookies.

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see link.

 

Change of purpose for which we use your personal data.

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose, or otherwise allowed by law. If we need to use your personal data for an unrelated purpose, we will notify you of the legal basis which allows us to do so and seek your consent where required.

 

Disclosures of your personal data.

 

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above:

 

Other members of the Athletic Brewing Group.

 

Our service providers: We may disclose your personal data to third party service providers who assist us in providing goods and services to you.  We require our service providers to respect the security of your personal data and to treat it in accordance with the law and only permit them to process your personal data for specified purposes and in accordance with our instructions.  For example, we use third party service providers for:

 

• Hosting our website;
• Processing your order and payment when you purchase goods from us;
• Fulfilling and delivering your order;
• Providing online customer service and chat functionality on our website;
• Providing analytics information;
• Sending communications to our customers;
• Preventing fraud and helping to keep our website secure.

 

Professional advisers: We may need to share personal date with our advisers including, lawyers, auditors, bankers, and insurers.

 

Advertising Partners:  We may share your information with third parties who enable our advertising campaigns.  Please see the User Rights section below to exercise your choices regarding such activities.

 

For corporate transactions: If we choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

 

When required by law: We may share personal data if we are also under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect the rights, property, or safety of our business, our customers or others.

 

To enforce our legal rights:

 

• If disclosure would mitigate our liability in an actual or threatened lawsuit;
• As may be necessary to protect our legal rights and legal rights of our users, business partners or other interested parties;
• To enforce our agreements with you; and
• To investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

 

User Rights.

 

To the extent applicable grants you the following rights, you may ask us to do the following:

 

• Right to know. You may have the right to know whether we process your personal data and to access such personal data. You may also have the right to request that we disclose certain information to you about our collection, use, or disclosure of your personal information.
• Right to data portability. You may have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means.
• Right to delete. You may have the right to delete personal data that you have provided by or that we have obtained about you.
• Right to correct. You may have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which we process it.
• Right to opt out. You have the right to opt out of the processing of your personal data for purposes of: (i) targeted advertising; (ii) the sale of personal data; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

 

To exercise any of your privacy rights, or if you have any questions about your privacy rights, you may contact us by:

 

• Calling us at 1-877-619-4028
• Emailing us at privacy@athleticbrewing.com
• Visiting https://athleticbrewing.ca/pages/data-privacy-request-form

 

Behavioral advertising:  You may opt out of receiving targeted ads from certain data and advertising partners that participate in certain industry self-regulatory programs. The Digital Advertising Alliance of Canada (DAAC) provides a website at https://youradchoices.ca/en/tools with information about how to opt out of targeted advertising from some or all of the DAAC’s participating companies. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities.  You will need to repeat this process on each device you wish to opt-out. 

 

International transfers.

 

We share your personal data within the Athletic Brewing Group. This will involve transferring your data outside of Canada.

 

Many of our external third parties are based outside of Canada so their processing of your personal data will involve a transfer of data outside Canada.

 

These service providers help us operate our business, technology systems and applications, internal procedures, infrastructure and advertising and marketing. They provide services to us, such as fulfilling transactions, processing credit card payments, sending emails and postal mail, call centres, data hosting, contest administration, providing advertisements, and analytics services (e.g. tracking effectiveness of our marketing campaigns and analysing usage of our website). We require these service providers to limit their access to and/or use of personal information to what is required to provide their services and require that those third parties adhere to confidentiality as well as security procedures and protections.

 

Some of the Athletic Brewing Group and our service providers are in the United States, the European Union and the United Kingdom. When your personal information is used or stored in a jurisdiction outside of Canada, it may be subject to the law of that foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.

 

Data security.

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

We may store your personal data outside of Canada in the United States, the European Union and/or the United Kingdom. When your personal information is used or stored in a jurisdiction outside of Canada, it may be subject to the law of that foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.

 

Data retention.

 

How long will you use my personal data for?

 

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

 

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

 

4859-3067-9244, v. 1