This Privacy Policy sets out the privacy policies and practices of Alair Enterprises Canada Ltd. (“Alair Homes”) with respect to our collection, use, and disclosure of personal information, including in respect of our website: www.alairhomes.ca (the “Site”). Alair Homes reserves the right to change, modify or update the terms of this Privacy Policy at any time without notice. Alair Homes will post any revisions to its Privacy Policy on the Site. You are responsible for regularly checking the Privacy Policy for revision. Any use by you of the Site after such effective date signifies your consent and agreement to the modified Privacy Policy.
In this Privacy Policy, “Personal Information” means any information about an identifiable individual, as further defined under applicable Canadian laws.

Collection of Information

What information we collect and how we collect it from home owners/clients and others (an “Individual”) is as follows:

• We collect and store Personal Information when you submit a contact form on the Site;
• We collect and store Personal Information when you use the LiveChat service on the Site;
• We collect and store Personal Information when you contact us via phone and provide your Personal Information verbally;
• We may also collect and store Personal Information when you contact anyone with an Alair Homes email address via email;
• We may also collect and store Business Information if you submit a Local Market Partners contact form or contact us directly regarding a Market Partner relationship;
• We may also collect and store both Personal Information and Business Information if you make a franchise inquiry by contact form, phone, or email;
• We also collect information from devices (including mobile devices) and applications used to access the Site (for example, we may collect the device type, location information and connection information, statistics on your page views and Site activity, referral URL, ad data, your IP address, your browsing history and your web log information). We may do this using cookies or similar technologies.

Use of Information

Alair Homes may use Personal Information from home owners/clients and others (an “Individual”) as follows:

• Alair Homes may collect and maintain Personal Information such as an Individual’s name, contact information, and payment information to enable us to enter into and carry out contractual relationships with an Individual, including without limitation the purchase of services;
• For contract management and administration;
• To provide information and services that an Individual may request, and to respond to any comments and inquiries;
• From time to time, we may obtain an Individual’s consent to use the Individual’s contact information to provide periodic newsletters or updates, announcements and special promotions regarding Alair Homes’ products and services;
• Alair Homes may use demographic and profile data in connection with the Site and, together with publicly available information, to tailor each Individual’s experience on the Site and display content according to an Individual’s preferences;
• Alair Homes may otherwise use Personal Information for additional purposes that are identified at or before the time that the information is used for such additional purposes.

Disclosure of Information

Alair Homes will never sell an Individual’s Personal or Business Information. Alair Homes may transfer or disclose Information as follows:

• Alair Homes may use or transfer Personal Information to third-party service providers, agents, market partners, suppliers, and team members who provide services to or on behalf of Alair Homes, including but not limited to services such as hosting, data management and storage services, market analyses, assessment and evaluation of prospective franchisees and retention services. Either Alair Homes or such third party service provider may use servers for such purposes located in the United States or another foreign country. The Personal Information of an Individual may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of personal information through the laws of the foreign country.
• Alair Homes, our affiliates and our Canadian, U.S. and other service providers may provide Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable Canadian, U.S. or other law. We may also disclose Personal Information where necessary for the establishment, exercise or defence of legal claims.
• Alair Homes may transfer any information we have about an Individual as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Alair Homes or as part of a corporate reorganization or stock sale or other change in corporate control.

Security

Alair Homes takes commercially reasonable precautions to protect Personal Information (regardless of the format in which it is held) against loss or theft, unauthorized access, unauthorized disclosure, copying, use, or modification, through safeguards appropriate to the sensitivity of the Personal Information. Alair Homes’ third party service providers are obligated to maintain confidentiality and security of the Personal Information transferred to them and are not authorized to use such information other than to provide the services or as otherwise permitted by law.

Any suspected breaches to the security of the Site should be immediately reported to us via the contact as provided below.

Alair Homes retains Personal Information only as long as necessary or relevant (1) for the identified purposes, (2) as required by law, (3) as required by agreements with third parties related to the business, and (4) where Personal Information is the subject of a request from an Individual. We shall use commercial reasonable efforts and protocol to dispose of or destroy Personal Information to prevent unauthorized parties from gaining access to the information.

Opt-Out

Individuals are given the opportunity to opt-out of receiving communications from Alair Homes by using the unsubscribe mechanism at the bottom of our email communications or by contacting us using the contact information provided below.

Access/Corrections

An Individual may contact us to access, modify or correct inaccuracies in any of his or her Personal Information that is under Alair Homes’ custody or control. An Individual may also direct a written complaint regarding compliance with this Privacy Policy to us via the contact as provided below and, within a reasonable time upon receiving the written complaint, we will conduct an investigation into the matter. Within a reasonable time of concluding the investigation, we will respond to the complaint and, if appropriate, Alair Homes will take appropriate measure necessary to rectify the source of the complaint.

Governing Law

This Privacy Policy and all actions contemplated by the same shall be governed by and construed and enforced in accordance with the internal laws of Canada, including the principles of conflict of laws thereof. All acts involving the registration, use or operation of the Site shall be deemed as accessed, entered, perfected or finally accepted, at the place of the location of Alair Homes’ headquarters, irrespective of the location of the Site servers.

Contact

If an Individual has any questions about this Privacy Policy or the collection, use, disclosure, or retention of the Individual’s Personal Information by Alair Homes or its service providers, please contact us as follows:

[email protected]

(250) 824-0279

 

Latest Revision: May, 2018

TORONTO 65793-1 1191999v1