Introduction

Bang Energy Canada ULC (referred to as “Bang Energy Canada”, “we”, or “us”) is committed to keeping the Personal Information of its customers and the visitors (customers and visitors referred to as “you”) to its website, bang-energy.ca (referred to as the “Site”) accurate, confidential, secure and private.  Bang Energy Canada’s Privacy Policy (referred to as the “Policy”) has been designed to inform you of Bang Energy Canada’s commitment and recognition of its obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Fair Information Principles set forth in the Canadian Standards Association Model Code for the Protection of Personal Information, incorporated by reference into PIPEDA.  PIPEDA sets forth the rules for the collection, use and disclosure of Personal Information in the course of a Commercial Activity, as defined in the Act.

The Policy describes the principles by which Bang Energy Canada protects the privacy of Personal Information in its possession.  It addresses the reasons why such information is collected, how it is used, how its confidentiality is protected, and outlines the rights that exist with respect to this Personal Information.  The Policy does not apply to any Third Party site or service linked to the Site.

I.        Definitions

            “Personal Information” for the Policy means any information about an identifiable individual. It includes, but is not limited to, first and last name; e-mail address; usernames for social media; internet protocol address; account username and password; mailing address (including street, city, and province); telephone number; bank account number; credit card or debit card number and signature; age; gender; products or services purchased or inquired about; and browsing and search history relating to the Site.

            “Third Party” means a person or company that provides services to Bang Energy Canada in support of the products and services offered by Bang Energy Canada, but does not include any governmental office or department to whom Bang Energy Canada reports information in the course of providing products and services.

II.  Sources of Personal Information

Bang Energy Canada may collect information from the following categories of sources: 

Directly From You. We collect Personal Information that you provide directly to us to use certain features of the Site, for example, to create online accounts, purchase products or services, contact us via email, phone, or our Contact Us form (where we may retain the content of your message and our response), submit job application materials, receive or request data from us (e.g., catalogs and newsletters), and respond to communications from us (e.g., surveys and promotional offers).  

Bang Energy Canada Accounts.  To create an online account with Bang Energy Canada, you must submit your name and email address, and create a password. This data is used to populate a profile within your account. 

Order & Payment Data.  When you make a purchase online, we use a third-party payment processor to help us facilitate payment.  We do not receive your credit card, debit card or other financial information when you make a payment- such information is provided directly to the payment processor.  However, we do receive information about your purchase and your contact information (e.g. name, email address, mailing address, phone number).   

Marketing Communications.  If you opt-in to receive marketing communications from us, you must submit your name, email address, mailing address, and phone number. We use this data to send you promotional and other electronic and hardcopy communications. We may use Third Parties to deliver communications to you.  

Feedback.  When you provide comments or feedback about our Site, the content on the Site, or our products or services (“Feedback“), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you. 

Giveaways, Sweepstakes & Contests.  We may offer giveaways, sweepstakes or contests. To participate you must submit certain data, which may include your first and last name, email address, phone number, physical address (street address, city, state, postal/zip, country), Instagram name, confirmation that you are over 18 years of age, and other Personal Information. Data collected via giveaways, sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with Third Parties, and (iii) subject to additional terms provided to you at such time. 

Personal Information Collected Automatically.  We automatically collect certain information from you when you access our Site. 

Account Activity.  We may collect data about how you use (i) your online account, and (ii) the Site when you are logged into your account. We may combine data automatically collected from you with other Personal Information about you. 

Cookies & Other Tracking Technologies. We may use cookies, web beacons, pixel tags and other tracking technologies (collectively “Cookies”) on our Site.  

What are cookies and web beacons / pixel tags? A cookie is a small text file that our Site saves onto your computer or device when you use the Site that provides us certain information about your activities. Cookies allow the Site to remember your actions and preferences and recognize you or your browser. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage. 

Why do we collect Cookies? We use Cookies to: 

• make our Sites function properly; 
• provide personalized experiences; 
• tailor our interactions with you, including remembering the information that you have already provided to us; 
• help with our marketing efforts; 
• provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and 
• help us improve our services.  

What type of information do Cookies collect? The Cookies on our Site may collect information such as: 

• the IP addresses assigned to the computers and other devices you use; 
• your internet service provider; 
• the device ID number; 
• approximate geographic location; 
• the Site’s pages visited or clicked on; 
• the date and time you visited the Site, and the amount of time spent on the Site; 
• your operating system, browser type, search requests, and other similar information; 
• the websites you access before and after visiting the Site, and  
• data related to how and when you use the Site.  

We may combine information from Cookies with Personal Information, including data obtained from other sources.  

How long do Cookies last? A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit the Site that has implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings. 

Flash cookies differ from other browser cookies regarding the amount and types of data collected and how the data is stored. Your browser will not remove and cannot manage Flash cookies in the same way as other Cookies. To learn about managing your Flash cookie settings, visit the Flash player settings page on Adobe’s website. 

First-party versus third-party Cookies. Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual Sites that you are visiting (i.e. this Site). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We do not have control over how information gathered by Third-Party Cookies is used by Third Parties.  

How do you manage Cookies or opt-out? Most browsers automatically accept cookies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of the Site. Not all features or functions of the Site may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site. 

“Do-Not-Track”. We currently do not respond to “Do Not Track” requests. 

Analytics.  We use Analytics providers including Google Analytics to collect and process information about your use of the Site. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site.  

We may also implement additional add-on services to Google Analytics, such as: 

• Demographics and Interest Reporting, which gathers information such as the age and gender of users, along with certain interests those users express through their purchasing activities and other online activities, by tracking users across websites and across time.   
• Remarketing with Google Analytics, which uses user behaviors on our Site to help us identify users for our remarketing campaigns. 
• Google Display Network Impression Reporting, which provides us information about how often our ads are shown.  

To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.  

Interest-based Advertising.  We use Third Parties and/or service providers to provide interest-based advertising services. These services may serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits to websites (including this Site) over time and across different websites. The data collected may be associated with your Personal Information. These advertisements may appear on the Site and on other websites, and may be sent to you via email.   

We use Google Ads to serve ads across various websites. Google uses Cookies to collect data about your visits to the Site to generate targeted advertisements to you on other websites that you visit. To opt-out of this type of advertising by Google, to customize your ad preferences, or to limit Google’s collection or use of such data, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site. 

Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you. 

Video Content.  The Site contains videos and embedded content provided by Bang Energy Canada and other parties, including visible content and/or feeds scripts embedded in the Site’s code. Bang Energy Canada and such other parties may collect data about how you interact with such content. For example, YouTube may collect usage data on videos embedded on the Site. Even if you do not watch videos, YouTube may still collect certain information about your interactions with our Site if you are signed into your YouTube account or Google account when accessing our Site.  YouTube, LLC is owned by Google. Please see Google’s Privacy Policy for more information. 

Maps. The Site contains maps provided by third parties and/or service providers for your convenience. Bang Energy Canada and such other parties may collect data about how you interact with the maps. For example, Google may collect usage data on maps embedded on the Site. Even if you do not interact with the maps, Google may still collect certain information about your interactions with our Site if you are signed into your Google account when accessing our Site. Please see Google’s Privacy Policy for more information.    

Third-Party Sources.  We may obtain data about individuals from various third-party companies and public sources and we may combine that data with Personal Information or other data we collect. If we do so, this enhances our existing data about our users, improves our ability to contact you, and enhances our marketing capabilities. 

III.         Purposes for Collecting Personal Information

            Bang Energy Canada may collect and use Personal Information that is relevant for the following purposes:

(a) responding to your questions, comments, or complaints;

(b) administrative purposes, such as managing your accounts, facilitating transactions, informing our business strategies, understanding the Site’s demographics and user preferences, evaluating applications, and managing profiles;

(c) management of the Site, such as troubleshooting, improving content and functionality, statistical and other analyses, and customization to you and other users;

(d) advertising and marketing purposes, such as sending promotions, targeted advertising, notifying of new services, products or programs, notifying of new features of the Site, or notifying of changes to the Policy or the Terms and Conditions;

(e) protecting Bang Energy Canada’s legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to Bang Energy Canada or its affiliates, the Site, or to other users of the Site.

            Personal Information may be transferred, viewed, processed and/or stored in the United States by Bang Energy Canada’s affiliates for the purposes described above. 

IV.      Consent

            Your express consent will be obtained before or at the time of collecting Personal Information.  The purposes for the collection, use or disclosure of the Personal Information will be provided to you at the time of seeking your consent.  Once consent is obtained to use your Personal Information for those purposes, Bang Energy Canada has the implied consent to collect or receive any supplementary information that is needed to fulfill the same purposes.  If Bang Energy Canada identifies a new purpose for the use, collection, or disclosure of the Personal Information, Bang Energy Canada will obtain express consent for that use, collection, or disclosure.

            This Policy does not cover statistical data from which the individual identity of a customer or visitor to the Site cannot be determined.  Bang Energy Canada retains the right to use and disclose statistical data as it sees fit.

V.       Limiting Collection

            Personal Information collected will be limited to the purposes set out in this Policy, unless otherwise noted and consented to.

VI.      Limiting Use, Disclosure and Retention

            Bang Energy Canada may use and/or disclose Personal Information only in relation to the purposes set forth in this Policy.  With respect to those stated purposes, Bang Energy Canada may use a Third Party to process Personal Information or perform tasks on its behalf, including the Site and its operation, otherwise conducting Bang Energy Canada’s business, or providing products and services to Bang Energy Canada’s customers.  Bang Energy Canada will seek assurances to ensure Personal Information is similarly protected by a Third Party in accordance with all applicable privacy and data security laws.

VII.        Use of Personal Information

            Personal Information will be only used for the purposes set forth in this Policy, with the following exceptions, as permitted by PIPEDA:

            Bang Energy Canada may use Personal Information without consent, where (a) Bang Energy Canada has reasonable grounds to believe the information could be relevant to an investigation of a violation of a federal, provincial or foreign law, and the information is used for that investigation; (b) the information is for statistical study or research; (c) the information is publicly available; or (d) the use is clearly in your interest, and Bang Energy Canada cannot reasonably obtain the consent in a timely manner.

VIII.       Disclosure and Transfer of Personal Information

            Personal Information will be disclosed to only those Bang Energy Canada (and its affiliates)’s employees and Third Parties providing services to Bang Energy Canada, which employees and Third Parties need to know the information for the purposes set forth in this Policy.  Pursuant to PIPEDA, Bang Energy Canada may also disclose Personal Information, without consent, to:

 (a) Bang Energy Canada’s professional advisors, such as our attorneys, accountants, financial advisors and business advisors, so they can discharge their responsibilities as advisors to Bang Energy Canada;

(b) identify, contact or bring a legal action against someone who may cause or who has caused harm to, or is interfering with the legal rights of, Bang Energy Canada or any other party;

(c) comply with a subpoena, warrant or other order issued by a court or other body of competent jurisdiction;

(d) a law enforcement agency engaged in a civil or criminal investigation, or a governmental agency or department requesting the information, to whom we believe in good faith that we are legally required to disclose the Personal Information;

(e) a subsequent owner of Bang Energy Canada if Bang Energy Canada is subject to a change of control, the Site changes ownership, in whole or in part, or a bankruptcy, receivership or similar transaction occurs with respect to Bang Energy Canada; or

(f) as otherwise required or permitted by law.

            In addition, PIPEDA permits Bang Energy Canada to transfer Personal Information to a Third Party, without consent, if the transfer is simply for processing purposes and the Third Party only uses the information for the purposes for which it is transferred.  With respect to such transfers, Bang Energy Canada will ensure, by contractual or other means, that the Third Party protects the information and only uses it for the purposes for which it was transferred.

IX.     Retention of Personal Information

            Personal Information will be retained as long as the use for which it was collected is active and for such periods of time as may be prescribed by applicable laws and regulations.  Personal Information contained in an inactive file will be retained for a period of       (x) years, except in the case where Bang Energy Canada has actively rejected the intended use of the Personal Information.

X.       Accuracy

            Bang Energy Canada endeavors to ensure that any Personal Information provided by you is accurate, current and complete as is necessary to fulfill the purposes for which the information has been collected, used, and disclosed.  You are requested to notify Bang Energy Canada of any change in Personal Information.

XI.     Safeguards

            Bang Energy Canada will use physical, organizational, and technological measures to safeguard Personal Information to only those Bang Energy Canada (and its affiliates)’s employees, or Third Parties who need to know this information for the purposes set out in this Policy and who are subject to reasonable obligations of confidentiality with regard to the Personal Information.

            Organizational Safeguards: Access to Personal Information will be limited to those who require it for the purposes set forth in this Policy, and only for as long as they need it for those purposes.

            Physical Safeguards: If physical documents are printed out containing Personal Information, they will be maintained in locked drawers when not in use.  Access to work areas where said physical documents may be in use is restricted to employees of Bang Energy Canada and its affiliates and authorized Third Parties.  All physical documents containing Personal Information no longer required will be shredded prior to disposal to prevent inadvertent disclosure to unauthorized persons.

            Technological Safeguards: Personal Information contained in computers or databases belonging to Bang Energy Canada or its affiliates are password protected and are protected in conformity with reasonably prudent industry norms.  Access to any of the computers is also password protected.  Bang Energy Canada and its affiliates’ Internet routers or servers have firewall protections sufficient to protect Personal Information against virus attacks and phishing software arising from Internet activity.

XII.       Openness

            Bang Energy Canada will take all reasonable steps to make its privacy policies and procedures known to its customers and visitors to the Site via this Policy.

XIII.      Individual Access

            If you wish to review or verify the Personal Information held by Bang Energy Canada about you, or to whom the information has been disclosed (as permitted by the Act), you may request access, in writing, to Bang Energy Canada’s Privacy Officer.

            Upon verification of your identity, the Privacy Officer will respond within sixty (60) days.  Bang Energy Canada is entitled to request sufficient Personal Information from you to confirm whether or not it has Personal Information relating to you.  Bang Energy Canada reserves the right to charge a minimal fee for copies of documents requested under this Policy.  For those with a sensory disability, Bang Energy Canada will attempt to provide you with access to the Personal Information in an alternate format, if requested.  Please direct such requests to the Privacy Officer.  There may be some instances where Bang Energy Canada will be unable to provide the requested access.  These instances would include if the cost of providing access would be prohibitive, the information contains references to other individuals, disclosure is prohibited for legal, security or commercial proprietary reasons, and/or the information is subject to an attorney client or litigation privilege.

            If you find that the information held by Bang Energy Canada is inaccurate or incomplete, upon you providing documentary evidence to verify the correct information, Bang Energy Canada will make the required changes to the Personal Information promptly.

XIV.      Complaints/Recourse

If you have a concern about Bang Energy Canada’s Personal Information handling practices, a complaint, in writing, may be directed to Bang Energy Canada’s Privacy Officer.

Upon verification of your identity, Bang Energy Canada’s Privacy Officer will act promptly to investigate the complaint and provide a written report of the investigation’s findings to you.

If Bang Energy Canada’s Privacy Officer makes a determination that the complaint is well founded, the Privacy Officer will take the necessary steps to correct the offending information handling practice and/or revise Bang Energy Canada’s privacy policies and procedures.

If Bang Energy Canada’s Privacy Officer determines that the complaint is not well founded, you will be notified in writing.

If you are not satisfied with the finding and action taken by Bang Energy Canada, you may bring a complaint to the Federal Privacy Commissioner at the address below:

The Privacy Commissioner of Canada

30, Victoria Street

Gatineau, Quebec

K1A 1H3

Tel: 1-800-282-1376

Website: www.priv.gc.ca

Any questions regarding this Policy may be directed to the Privacy Officer.  Requests for access to information, or to make a complaint, are to be made in writing and sent to the Privacy Officer at the address below:

Bang Energy Canada ULC

100 King Street West, Suite 5600

Toronto, Ontario M5X IC9

Attn: Privacy Officer

Email:

Phone:

 

Amendments to Bang Energy Canada ULC’s Privacy Policies

This Policy is subject to amendment in response to developments in the privacy legislation, and as Bang Energy Canada otherwise sees fit to amend in its sole discretion.  Notification of any changes to the Policy will be posted on this Site.  Any changes in the Policy will apply to Personal Information collected from the date of posting of the revised Policy. Bang Energy Canada encourages all users to periodically review the Policy for any changes regarding how Bang Energy Canada is helping to protect and safeguard your Personal Information. Thus, by using this Site, you acknowledge and agree that it is your personal responsibility to continually review the Policy periodically and become aware of modifications made to it.

Additional Terms and Conditions

By you registering at bangenergy.ca, signing up for a promotion, making a purchase from our bang-energy.ca e-store, entering any contests or submitting materials to bang-energy.ca, you are representing that you understand and are agreeing to the “Terms & Conditions – General” provided at bang-energy.ca and this Policy.

Children

The Site is not directed to children.  Bang Energy Canada  does not knowingly collect Personal Information from children under the age of 13 unless we have appropriate parental consent.  If you learn that your child provided us with Personal Information without your consent, please contact us.

Social Media

We are active on social media, including YouTube, Pinterest, Facebook, Instagram, Twitter, LinkedIn and TikTok (referred to as “Social Media”).  Anything you post on Social Media is public information and will not be treated confidentially.  We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages.

The Site allows you to connect and share data with Social Media platforms.  These features may require us to use cookies, plug-ins, and APIs provided by such Social Media platforms to facilitate those communications and features.  The Site may use advertising networks and services offered by Social Media platforms to deliver advertising content. Use of these services requires Social Media platforms to implement cookies or pixel tags to deliver advertisements to you while you access the Site.

Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate the websites and not by this Policy.  We encourage you to review those policies and terms.

Disclaimers

Even though Bang Energy Canada takes the security precautions set forth in this Policy to protect your privacy and the confidentiality of your Personal Information, Bang Energy Canada cannot guarantee the security of your Personal Information.  E-mails or forms sent via the Internet are neither confidential nor secure and can be viewed and modified by third parties.  Bang Energy Canada will not be liable for damages arising from messages sent to it via unsecured e-mail or other messages sent electronically.

Transactions

Financial transactions may be processed through a third-party payment provider.  Such financial transactions may include Personal Information.  Such Third Parties may access, process, and store Personal Information as may be required to process transactions.

Links
You should be aware that when you are on bang-energy.ca, you will have the opportunity to visit or link to other sites not owned, registered or operated by bang-energy.ca. These sites, some of which are Bang Energy Canada partners or affiliates, may collect Personal Information about you. Bang Energy Canada does not control sites that are operated by others and is not responsible for the information practices of these sites, and this Policy does not address the information practices of those sites or advertisers.  Bang Energy Canada and its affiliates may share non-personal, aggregate, or summary information regarding our users with other third parties not mentioned in this Policy. This kind of information does not identify you individually.

Viruses, Hacking, and Other Offenses

 You agree not to misuse or cause damage to the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or harmful to the Site. Further, you acknowledge and agree not to attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You shall not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching these provisions, you may be engaging in a criminal offense. Bang Energy Canada may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, you understand and agree that you will forfeit all rights to use the Site.

Bang Energy Canada will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.

CASL

Bang Energy Canada complies with the Canada Anti-Spam Law with respect to all commercial electronic messages it sends out.  At any time, if you would like to unsubscribe from receiving future e-mails, you can e-mail Bang Energy Canada at [email protected], and Bang Energy Canada will promptly remove you from all correspondence.

Acceptance of these Terms

By using this Site, you are agreeing to all of the terms set forth in this Policy and the Terms and Conditions – General. If you do not agree to this Policy or any of our other terms of use, we respectfully urge you not to use our Site. Otherwise, your continued use of this Site will be deemed as your acceptance of all terms, conditions, and agreements set forth in this Policy, the Terms and Conditions – General, and anywhere else at our bang- energy.ca Site.