Last revised: September 26, 2023
- any other products, services, interactive features, widgets, and resources offered or provided by us such as offline customer service and order fulfillment (all of which are collectively referred to as the “Services”).
Attn: Legal Department
PO Box 34585 Place St-Laurent
St-Laurent QC H4R 2P4
INFORMATION WE COLLECT
We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:
- Identifiers (e.g., name, IP address, mailing address, email address, phone number, fax number, login credentials)
- Demographic Information (e.g., gender, marital status)
- Commercial Information (e.g., checking account number, other payment information, shopping and purchase history)
- Internet or Other Electronic Network Activity (e.g., browsing history, search history, other information regarding your use of our Website(s) or Services that can be associated with you)
- Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information (e.g., call recordings, chat transcripts, testimonials)
- Professional or Employment-Related Information (e.g., occupation, employer)
- Inferences drawn from the above categories of Personal Information that relate to your characteristics and preferences
The type of Personal Information we collect about you may vary based on how you use the Website(s) and/or Services and your relationship with us.
Usage Data and Site Activity
We automatically collect anonymous or aggregated information in connection with the actions you take on the Website(s) and in connection with using the Services (“Usage Data”). For example, each time you use the Website(s), we automatically collect the type of web browser you use, your operating system, your Internet Service Provider, the pages you view, and the time and duration of your visits to the Website(s). We may use and disclose Usage Date for any purpose without restriction.
We may record calls and retain the content of text messages, chat transcripts, or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.
HOW WE COLLECT INFORMATION
We may ask you to provide us with Personal Information when you register with the Website(s), make a purchase, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Website(s) or Services or we may not be able to fulfill your purchase.
From time to time we, or service providers retained by us, may request Personal Information from you via surveys. Participation in these surveys is completely voluntary and you have a choice whether to disclose Personal Information. The requested information typically includes contact information (such as name and address) and product usage and preferences.
Third-Party Data Sources
We collect Personal Information from third-party data sources such as the United Parcel Service and data brokerage companies. This Personal Information may be appended to Personal Information we have already collected from or about you to create a “profile” for you.
Third-Party Data Sources
We collect Personal Information from third-party data sources such as Canada Post and data brokerage companies. This Personal Information may be appended to Personal Information we have already collected from or about you.
We use the following types of cookies:
- Functional Cookies: Functional cookies are used to enable site functionalities and keep track of you or your information as you move from page to page within the Website(s). For example, session cookies stored on your browser allow your online shopping cart to function properly and resumes your session when you return to the website.
- Attribution Cookies: Attribution cookies reside on your system and allow us, and our Service Providers, and customize your experience if you leave and later return to the Website(s). For example, attribution cookies may allow us to remember your demographic information & preferences.
- Advertising Cookies: Advertising cookies help us market our products to you and others.
- Analytics Cookies: Analytics cookies help us understand how our Website(s) is working and who is visiting our Website(s).
Certain cookies in the categories above may allow us or third parties to identify you when you visit our Website(s) or develop profiles related to your interests and engagement with us and/or the third party. You may opt out of all cookies except Functional Cookies by setting your Cookie Preferences in the Privacy Notification Banner.
Online Behavioral Advertising
Tracking Pixels and Clear GIFs
We employ software technology that enables us to track certain aspects of a user's visit to the Website(s). This technology helps us better manage content on the Website(s) by informing us what content is effective, how consumers engage with the Website(s), and how consumers arrive at and/or depart from the Website(s). The software typically uses two methods to track user activity: (1) "tracking pixels" and (2) "clear gifs." Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether or not a user has viewed a particular web page or email message. User activity information may be associated with additional information about a user's session, such as IP addresses and the type of browser used, and Personal Information, if provided by the user. You can opt out of our use of tracking pixels and clear gifs on the Website(s) by setting your Cookie Preferences in the Privacy Notification Banner to disable all except functional cookies.
Social Media Features
The Website(s) may include social media features, such as the Facebook, YouTube, LinkedIn, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with social media features are governed by the privacy policies of the companies that provide them and you should review the relevant privacy policies before interacting with these features.
HOW WE USE AND SHARE INFORMATION
We use Personal Information for internal purposes, such as to:
- Provide you with the Website(s) and Services;
- Process or complete transactions you requested;
- Improve the Website(s) and Services, including customization and personalization;
- Identify you when you visit our Website(s) or engage with our Services (we may use technology in order to accomplish this identification);
- Enhance your experience with the Website(s) and Services;
- Notify you of products and services via mail, email, telephone, and/or text messaging;
- Develop and present to you recommendations and advertisements regarding our products and services;
- Comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others;
- Administer surveys, polls, sweepstakes, contests, promotional events, or to otherwise communication and interact with customers and consumers;
- Operate information security and anti-fraud programs.
- Communicate with you about the Website(s), Services, and other matters via mail, email, telephone and/or text messaging; and
- Compile anonymous information and analyses.
To the extent permitted by law, we may use your Personal Information to market products or services likely to be of interest to you, or to provide you with special offers and opportunities, via email. With respect to commercial email communications from us, you may opt out of these emails via a link in the footer of all commercial email messages.
Reviews and Testimonials
If you provide a review or testimonial, we may post it publicly on the Website(s) or in other advertising material without notice to you. By providing a review or testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.
From time to time, we may establish a relationship with other businesses who provide services to us (“Service Providers”) which may include our corporate affiliates. We contract with Service Providers to provide certain services to us, including:
- Online hosting and maintenance;
- Marketing and promotion design and management;
- Payment processing;
- Management of access to services;
- Order fulfillment;
- Data storage and management;
- General business operations support; and
- Identity and contact information validation.
We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
We may disclose each category of Personal Information that we collect with one or more Service Providers.
Third-Party Selling and Sharing
We may sell your Personal Information to companies who do not provide services to us (“Third Parties”). In the past twelve months, we sold identifiers and commercial information to data cooperatives for the purpose of lead generation for internal marketing activities. These companies may use your Personal Information for additional purposes outlined in their privacy policies including marketing and advertising their products or services.
We may also share your Personal Information with Third Parties who assist us in using cross-context behavioral advertising or targeted to advertising in connection with our marketing efforts.
We do not knowingly sell or share the Personal Information of consumers under 18 years of age.
Other Third-Party Disclosures
We may occasionally disclose your Personal Information to Third Parties for purposes such as:
- To comply with the law;
- To respond to legal requests (including court orders, investigative demands and subpoenas) if, in our discretion, we believe it is necessary or appropriate;
- To prevent or stop any illegal, unethical, or legally actionable activity;
- To protect the safety, property, or rights of ourselves, consumers, or any other third party;
- If we are merged, acquired, or sold, or in the event of a divestiture, restructuring, reorganization, or transfer of some or all of our assets and the disclosure is necessary to complete the transaction, or in connection with the evaluation of a potential transaction;
- To businesses controlling, controlled by, or under common control with us; and
- For additional purposes with your consent where such consent is required by law.
International and Interprovincial Data Processing
We and our Service Providers may store and/or process your Personal Information in jurisdictions other than Canada including the United States of America, member states of the European Union, Jamaica, Tunisia, and the United Kingdom. These jurisdictions may have privacy laws that differ from those of Canada, but we take steps to reasonably ensure that when your Personal Information is processed outside of Canada it is subject to protections similar to those provided under Canadian law. We and our Service Providers may also store and/or process your Personal Information in Canadian provinces or territories other than Quebec.
If you have questions regarding our policies relating to international and interprovincial data processing, including our use of Service Providers outside of Canada or Quebec, please contact us using the contact information in the “Exercising Your Rights” section below.
We recognize the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ reasonable administrative, technical, and physical safeguards to protect such Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Website(s) we cannot, and do not, guarantee the security of any information you transmit on our Website(s), and you do so at your own risk.
Please be aware that third-party websites accessible through the Website(s), including websites/webpages of affiliated companies that are not domiciled in the United States, may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information through linked websites.
HOW LONG WE RETAIN YOUR DATA
We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations. We do so in accordance with our data retention policies and applicable law.
The Website(s) are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.
If you are a resident of Canada, you may have additional rights to access and control your Personal Information. Exemptions may apply. Consumer privacy rights for Canadian residents include:
Right to Access
You have the right to request access to the Personal Information we collected about you as well as information about our use of your Personal Information and an accounting of the Third Parties, or, if that is not available, the types of Third Parties to whom we disclosed your Personal Information. We may withhold Personal Information or other information that is prohibitively costly to provide, contains information about other individuals, cannot be disclosed for legal, security, or trade secret reasons, is subject to attorney-client privilege, or is otherwise exempt from disclosure under applicable law.
Right to Correction
You have the right to request that we correct inaccurate Personal Information that we maintain about you. After you request to correct inaccurate Personal Information, we will provide instructions for you to provide us with optional documentation to support your request and we will consider it. We may decline to correct your Personal Information if a legal exemption applies such as if we determine, based on the totality of the circumstances, that the information you seek to correct is most likely accurate. If we deny your correction request and you disagree with our finding, you may inform us of your disagreement and we will note that the information is disputed and also inform any Service Providers or Third Parties to who may be in possession of the disputed information of the dispute. We may also decide to delete your allegedly inaccurate Personal Information at the means of correcting it.
Right to Withdraw Consent for Processing
You have the right to request that we stop processing your Personal Information for all purposes or only some purposes. For example, you may request that we stop using your Personal Information to send you commercial email messages. If you request that we stop processing your Personal Information, we will evaluate your request and determine the extent to which we can honor it in accordance with applicable law and will advise you of the consequences of the request. For example, if honoring the request will result in termination of providing services to you, we will let you know.
Exercising Your Rights
You may exercise your privacy rights, our request information about our policies for complying with Canadian privacy laws, by calling us at 800-595-9547, by sending an email to CustomerCare@pens.com, or sending a written request to the following postal address:National Pen Co., LLC Attn: Legal Department
PO Box 34585 Place St-Laurent
St-Laurent QC H4R 2P4
Please be specific in your request and provide sufficient information to allow us to locate your Personal Information in our systems based on your request. We may request additional information from you to verify your identity or locate your Personal Information. We will process your request within 30 days subject to possible extensions allowed by law. If we want to exercise a right to an extension, we will inform you.
The person responsible for our compliance with Canadian federal and provincial privacy laws is our Director, Information Security, Data Privacy, and Compliance who may be reached using the contact information in the “Exercising Your Rights” section above.