TERMS AND CONDITIONS PRIVACY PROTECTION CODE

Introduction

Franklin Empire is dedicated to ensuring the accuracy, security, and confidentiality of personal information. This Privacy Protection Code serves as an official statement of principles and guidelines outlining the minimum requirements for safeguarding personal information related to our clients, personnel, service suppliers, and other individuals.

The goal of the Franklin Empire Privacy Protection Code is to adopt responsible and transparent practices in managing personal information, fully complying with applicable laws.

This Privacy Protection Code is an integral part of Franklin Empire’s Official Corporate Policy. Please be aware that the personal information provided to Franklin Empire may be used in other countries, and foreign national law enforcement authorities and security agencies may have access to it.

Definitions

Client

An individual who a) uses or applies Franklin Empire products or services, contacts Franklin Empire with a view to using its products or services, or is solicited by Franklin Empire for such use; b) conducts correspondence with Franklin Empire; or c) takes part in a contest, responds to a survey, or participates in any other promotional activity sponsored by Franklin Empire.

Collection

The collection, acquisition, recording, or obtaining of personal information from any source, including third parties, by any means.

Disclosure

The disclosure of personal information to a third party.

Consent

Voluntary agreement to the collection, use, and disclosure of personal information. Consent may be explicit or implied, given directly by an individual, their guardian, or a person holding power of attorney. Explicit consent may be given verbally, electronically, or in writing, without any inference on the part of Franklin Empire. Implied consent is reasonably deduced from the action or inaction of an individual.

Identified purposes

Refers to the purposes identified in Paragraphs 2.1, 2.2, and 2.3 of Principle 2.

Legal representative

A representative or service supplier authorized by Franklin Empire to act on its behalf.

Individual

A physical person.

Franklin Empire personnel

Active or inactive employees, retired employees or pensioners of Franklin Empire, and any individual who is a contractor, advisor, or service supplier whose services have been retained by Franklin Empire.

Personal information

Information concerning an identifiable individual in any form, including factual or subjective information. Personal information does not include general information that does not allow for the identification of the individual. Specifically, personal information includes personal medical information.

• In the case of a client, personal information includes information concerning solvency, the invoicing file, service and equipment, and any filed complaints.
• In the case of Franklin Empire personnel, personal information includes information contained in job applications, employee files, performance evaluations, medical files, and information concerning benefits.

Note: Business contact information generally found on business cards, including names, job titles, business email addresses, business office addresses, or business phone and fax numbers may be considered personal information in certain jurisdictions. However, if this information is used for the purpose of communicating with individuals in connection with their job, company, or profession, it is not subject to the same protections as other personal information.

Scope and Application

The ten principles underlying the “Privacy Protection Code” are interlinked, and Franklin Empire applies the ten principles in a global manner. Each principle should be read in conjunction with its accompanying comments. To the extent permitted by the Canadian federal law entitled the Personal Information Protection and Electronic Documents Act, the comments contained in the Privacy Protection Code have been drafted in accordance with the issues specifically affecting Franklin Empire in the area of personal information.

The scope and application of the Privacy Protection Code are as follows:

• The Privacy Protection Code applies to personal information concerning individuals that is collected, used, or disclosed by Franklin Empire.
• The Privacy Protection Code applies to the management of personal information over which Franklin Empire exercises control.
• The Privacy Protection Code does not impose any limitations with respect to the collection, use, or disclosure of certain information, such as:
  • The name, title, business address, business phone, or fax numbers of an individual if this information is contained in a public, professional, or commercial directory or available through directory assistance; and
  • Other information available to the public and stipulated by regulation pursuant to the Personal Information Protection and Electronic Documents Act.
• The Privacy Protection Code does not apply to information concerning companies and other organizations to the extent that this information does not pertain to identifiable individuals. However, this information may be protected by other Franklin Empire policies and practices respecting contractual agreements.
• The Privacy Protection Code does not apply to the collection, use, or disclosure of personal information by Franklin Empire if said collection, use, or disclosure is required or authorized by law.
• The application of the Privacy Protection Code is subject to the applicable provisions of the Personal Information Protection and Electronic Documents Act and the regulations enacted thereunder, and to any other applicable Provincial law that may be enacted or modified at any time, and to the order of a court or any other lawful authority.

CONSENT

BY PROVIDING PERSONAL INFORMATION TO FRANKLIN EMPIRE OR ITS RESPECTIVE SERVICE SUPPLIERS AND LEGAL REPRESENTATIVES, YOU AUTHORIZE FRANKLIN EMPIRE TO COLLECT, USE OR DISCLOSE THIS PERSONAL INFORMATION FOR THE IDENTIFIED PURPOSES IN COMPLIANCE WITH THIS PRIVACY PROTECTION CODE AND AS AUTHORIZED OR REQUIRED BY LAW.

You acknowledge that the information that you have provided to Franklin Empire may also be used in other countries, and that foreign national law enforcement authorities and security agencies may have access to it. Subject to legal and contractual requirements, you may refuse or withdraw your consent with respect to certain identified purposes at any time by contacting the Privacy Protection Committee. If you refuse or withdraw your consent, Franklin Empire may be unable to provide you with or continue to provide you with certain products, services or information that may be useful to you. If you provide Franklin Empire or its respective service suppliers and legal representatives with personal information concerning another individual, you declare that you have the authority to do so and/or that you have obtained the necessary consent from this individual to allow Franklin Empire to collect, use, and disclose this personal information for the purposes identified in this Privacy Protection Code.

Privacy Protection Code (Detailed Version)

Principle 1 – Accountability

Franklin Empire is responsible for the personal information under its control and for designating one or more individuals to ensure that Franklin Empire complies with the principles listed below.

1.1

The responsibility for ensuring compliance with the provisions of the Franklin Empire Privacy Protection Code (“Privacy Protection Code”) lies with the senior management of Franklin Empire, which must designate one or more individuals to ensure compliance with the Privacy Protection Code. Other individuals at Franklin Empire may be authorized to act on behalf of the designated individuals or to oversee the day-to-day collection and processing of personal information.

Principle 1 – Accountability

1.2

Franklin Empire has created a Privacy Protection Committee that is mandated to monitor compliance with the Privacy Protection Code. The Privacy Protection Committee can be contacted at the following address:
Franklin Empire Privacy Protection Committee
c/o Information Privacy Agent
4605 boulevard Poirier
Montréal QC H4R 0S9
E-mail: [email protected]

1.3

Franklin Empire is responsible for the personal information in its possession or custody, including information that has been transferred to a third party for processing purposes. Franklin Empire must ensure a comparable level of protection for personal information being processed by a third party through contractual or other means (see also Principle 7).

1.4

Franklin Empire has implemented policies and practices intended to give effect to the Privacy Protection Code, including the following:
a) The implementation of procedures for protecting personal information and for monitoring Franklin Empire’s compliance with the Privacy Protection Code;
b) The implementation of procedures for receiving and monitoring complaints and requests for information;
c) The training of Franklin Empire personnel and dissemination of information concerning Franklin Empire privacy protection policies and practices to Franklin Empire personnel; and
d) The drafting of explanatory documents intended for the public concerning Franklin Empire privacy protection policies and practices.

Principle 2 – Identifying the Purposes for Which Personal Information is Collected

2.1

Franklin Empire is responsible for identifying the purposes for which personal information is collected at or before the time when it is collected. Franklin Empire collects, uses, and discloses personal information for the following purposes:
a) To determine whether Franklin Empire should build and/or pursue business relationships with clients and suppliers, including for evaluating solvency, reconciling data from credit rating agencies, verifying references, and communicating with banking institutions;
b) To build and maintain business relationships with clients, suppliers, and members of the Franklin Empire Group and to provide products and services on an ongoing basis, to administer accounts, to make and receive payments, and to meet contractual obligations toward clients and suppliers;
c) To understand and respond to the needs and preferences of clients and to provide other types of customer service, including communicating with clients, providing services related to warranties, rebates, and returns, and organizing surveys, contests, and promotions;
d) To develop, improve, bring to market, sell or otherwise provide Franklin Empire’s products and services, including conducting research and statistical analyses;
e) To develop, improve, bring to market, sell or otherwise provide products and services from third parties with which Franklin Empire maintains business relationships;
f) To manage and develop the activities and operations of Franklin Empire, including questions concerning personnel and employment;
g) To hire, identify and manage Franklin Empire personnel, including former employees, current employees and future employees, and to administer payments and benefits;
h) To monitor communications in order to ensure the uniformity and quality of Franklin Empire’s products and services and those of other third parties with which Franklin Empire maintains business relationships;

i) To identify, investigate and protect Franklin Empire and other third parties from errors, incidents of fraud, theft and other illegal activities, negligent acts and contract violations;
j) To conduct verifications and investigations and implement recommendations in compliance with Franklin Empire policies respecting verification and security (including the Franklin Empire Internal Audit Charter and the Franklin Empire Security Charter);
k) To undertake and carry out commercial operations that may require the sale or transfer of personal information, including purchases, sales, rentals, mergers, consolidations or any other type of acquisition, disposition, securitization or financing in which Franklin Empire may participate;
l) To collect, use and disclose personal information as permitted pursuant to legal and regulatory requirements or provisions and to comply with these requirements or provisions; and
m) To collect, use and disclose personal information for any other purpose to which an individual consents.

2.2

In addition to the purposes identified in Paragraphs 2.1 and 2.3 of Principle 2, Franklin Empire may collect and use personal information received from the following persons or disclose personal information to the following persons:
a) A person who, in the reasonable opinion of Franklin Empire, provides information in their capacity as legal representative of the individual concerned or seeks information in this capacity;
b) An organization or individual whose services have been retained by Franklin Empire to carry out certain functions on its behalf, including marketing, research, data processing, call centres or warehousing services;
c) An organization or individual mandated to develop, improve, bring to market or provide products or deliver services from Franklin Empire;
d) An organization or individual whose services have been retained by Franklin Empire to evaluate the solvency of an individual or to recover unpaid debts associated with an account;
e) A credit rating agency;
f) A financial institution, in strict confidentiality and exclusively within the context of assigning a right to receive payment, providing a warranty or other financing arrangements; or
g) One or more third parties, insofar as the individual consents to such disclosure or if the disclosure is required or authorized by law.

2.3

In addition to the purposes identified in Paragraphs 2.1 and 2.2 of Principle 2, Franklin Empire may collect, use and disclose personal information concerning former or current Franklin Empire personnel in the following cases:
a) Within the context of human resources activities related to building and managing or terminating an employment or advisory relationship, including for the purposes of administering compensation, taxes and other source deductions, retirement, benefit and reward plans, business travel, business credit cards, rental vehicles, reimbursements, advances, loans, garnishments and claims for workplace injuries or diseases;
b) To administer retirement plans, insurance and other benefits for dependants and beneficiaries designated by Franklin Empire personnel;
c) To recruit members of personnel, including for the purpose of obtaining and communicating references pertaining to future, current or former Franklin Empire personnel, and to evaluate and facilitate employment opportunities for Franklin Empire personnel;
d) To administer policies and procedures related to training, retention, health and safety, personal rights, evaluation and disciplinary measures for Franklin Empire personnel, including developing and communicating performance evaluations, along with marketing and strategic planning analyses;
e) To manage the physical and technological security of Franklin Empire’s facilities and computer systems and the security of Franklin Empire personnel and visitors through the collection of personal information using video cameras, passes and other security surveillance systems, in compliance with Franklin Empire’s policies;
f) To administer Franklin Empire’ computer and technological systems and websites, including remote access from locations other than those belonging to Franklin Empire;
g) To facilitate disclosure and to enhance and promote the expertise and experience of Franklin Empire personnel, including by posting biographies and other personal information on Franklin Empire’s Intranet site and website;
h) To manage Franklin Empire’s relationships with unions and with Franklin Empire’s unionized personnel, including for the purposes of negotiation and administration of collective agreements;
i) To provide medical care and examination on site, as required; and
j) To promote social interaction among Franklin Empire personnel, including by organizing events, contests and discount programs and by celebrating birthdays and holidays.

2.4

Franklin Empire specifies the identified purposes to the individual at the time when the personal information is collected. Depending on the manner in which the personal information is collected, the specification may be disclosed orally, in writing or electronically. Upon request, those who collect personal information must be able to explain the identified purposes or direct the individual to a designated person at Franklin Empire who is responsible for explaining these purposes.

2.5

Unless new purposes for which personal information is collected are required or permitted by law, Franklin Empire shall first obtain consent from the individual concerned, and specify and document the new purposes, before using or disclosing the personal information for these new purposes.

Principle 3 – Obtaining Consent Pertaining to the Collection, Use, or Disclosure of Personal Information

3.1

Franklin Empire cannot collect personal information without the knowledge or consent of an individual, except in the following cases:
a) If the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;
b) If it is reasonable to expect that the collection of the information with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of an applicable law;
c) If the information is publicly available and is specified by the regulations pursuant to the Personal Information Protection and Electronic Documents Act; or
d) If the collection of information is authorized or required by an applicable law or regulation.

3.2

Franklin Empire can use personal information without the knowledge or consent of an individual under the following circumstances:
a) In an emergency situation that threatens the life, health or security of an individual;
b) If Franklin Empire discovers the existence of personal information that it has reasonable grounds to believe could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, and the information is used for the purpose of investigating that contravention;
c) If the information is publicly available and is specified by the regulations pursuant to the Personal Information Protection and Electronic Documents Act;
d) If using the information is clearly in the interests of the individual and consent cannot be obtained in a timely way;
e) If it is reasonable to expect that using the information with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the use is reasonable for purposes related to investigating a breach of an agreement or a contravention of an applicable law; or
f) If the use of the information is authorized or required by an applicable law or regulation.

3.8

As a general rule, unless otherwise indicated by the individual concerned, the fact that an individual accepts a job, retainer, payment, or benefits as a member of Franklin Empire personnel constitutes implied consent for Franklin Empire with respect to the collection, use, and disclosure of personal information for all of the identified purposes.

3.9

In obtaining consent, the reasonable expectations of the individual are also relevant. Consent should not be obtained through deception.

3.10

In the case of a minor or an individual who is seriously ill or mentally incapacitated, all reasonable efforts must be applied to obtain the consent from the individual’s authorized representative (e.g., their legal guardian or a person who holds power of attorney).

3.11

An individual may withdraw consent at any time, subject to legal or contractual restrictions and with reasonable notice. Franklin Empire will inform the individual of the consequences of withdrawing consent, such as Franklin Empire’s inability to provide or continue to provide products, services, or information that may be of value to the individual. Individuals can contact the Privacy Protection Committee for more detailed information concerning the consequences of withdrawing consent.

Principle 4 – Limiting the Collection of Personal Information

Franklin Empire collects only the quantity and type of personal information required for the purposes identified by Franklin Empire. Personal information must be collected fairly and lawfully, without deceiving or misleading individuals with respect to the purposes for which the information is collected.

Principle 5 – Limiting the Use, Disclosure, and Retention of Personal Information

Franklin Empire does not use or disclose personal information for purposes other than the identified purposes for which it was collected, except with the consent of the individual or as required by law. Franklin Empire only retains personal information for as long as is necessary to fulfill the identified purposes.

5.1

Only those members of Franklin Empire personnel who require access to personal information for business purposes or whose functions reasonably require it shall be...

5.2

Franklin Empire retains personal information exclusively for the necessary or relevant period for fulfilling the identified purposes or as required by law. Depending on the circumstances, Franklin Empire retains personal information used to make decisions related to individuals to enable the individuals concerned to exercise their right to access the information or the reasons for the decision after the decision has been made. Personal information pertaining to Franklin Empire personnel used to make a decision concerning an individual must be retained for a minimum period of one year following termination of employment with Franklin Empire or the completion of a services contract with Franklin Empire, or as otherwise required by law. All other personal information used to make a decision concerning an individual must be retained for a minimum period of one year.

5.3

Franklin Empire has adopted reasonable and systematic controls, schedules, and practices governing the retention and destruction of information and files containing personal information that are no longer necessary or relevant for fulfilling the identified purposes or for which retention is no longer required by law. This information should be destroyed, erased, or made anonymous.

Principle 6 – Accuracy of Personal Information

Personal information must be as accurate, complete, and up-to-date as required for the purposes for which it is intended.

6.1

Franklin Empire applies all reasonable efforts to ensure that the personal information it uses and discloses is sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision concerning an individual. However, as a general rule, Franklin Empire does not independently verify the information collected from third parties or the individuals concerned.

6.2

Franklin Empire updates personal information concerning individuals when doing so is necessary to fulfill the identified purposes or upon receiving notice from an individual. Franklin Empire does not update personal information on a regular basis unless such a process is necessary to fulfill the identified purposes.

Principle 7 – Safeguards

Franklin Empire protects personal information by applying safeguards appropriate to the sensitivity of the information.

7.1

Franklin Empire applies all reasonable efforts to protect personal information against loss or theft and against unauthorized access, disclosure, copying, use, modification, elimination, or destruction through the use of appropriate safeguards. Franklin Empire protects personal information regardless of the format in which it is held.

7.2

Franklin Empire protects personal information disclosed to third parties through contractual agreements that specify the confidential nature of the information and the limited purposes for which it can be used.

7.3

Franklin Empire ensures that Franklin Empire personnel understand the importance of protecting the confidential nature of personal information.

Principle 8 – Transparency of Policies and Practices

Franklin Empire ensures that individuals have easy access to specific information concerning its personal information management policies and practices. Franklin Empire provides information concerning its privacy protection policies and practices on its website (www.franklinempire.com) and upon request submitted to the Franklin Empire Information Privacy Agent using the contact information provided in connection with the comments associated with Principle 1.

Principle 9 – Individual Access to Personal Information

Upon written request submitted by an individual in compliance with Principle 8, Franklin Empire will inform the individual of the existence of their personal information, the use that is made of it, and the fact that it has been disclosed to third parties, and allow the individual to consult the information, subject to certain exceptions. An individual can challenge the accuracy and completeness of their personal information and have it amended as appropriate.

9.1

Franklin Empire informs individuals who submit a written request to the Franklin Empire Privacy Protection Committee of the fact that it holds personal information concerning them, as applicable. Franklin Empire allows individuals to consult their personal information and informs them of the use it has made of their personal information and the third parties to which it has been disclosed. If it is not possible to provide a list of third parties, Franklin Empire provides a list of organizations to which it may have disclosed personal information concerning the individual.

9.2

Any individual can access their personal information by contacting the Franklin Empire Privacy Protection Committee. Franklin Empire shall assist any individual who asks to fill out a request for access.

9.3

Franklin Empire shall refuse an individual access to personal information if doing so would likely give access to personal information concerning a third party and if the third party has not given consent to such access, or as otherwise authorized or required by law. However, if the information concerning the third party can be removed from the file containing the personal information concerning the individual, Franklin Empire shall remove it before allowing the individual to consult their personal information. This exception does not apply if an individual requires the personal information in a situation where there is a threat to the life, health, or security of an individual.

9.4

Unless an individual requires the personal information because there is a threat to the life, health, or security of an individual, Franklin Empire is not obligated to give access to personal information in the following cases:

a) If the personal information is protected by solicitor-client privilege;
b) If giving access would lead to the disclosure of confidential business information and this information cannot be removed from the document containing other information stipulated in the request for access;
c) If it is reasonable to expect that giving access would represent a danger to the life or security of another individual and this information cannot be removed from the document containing other information stipulated in the request for access;
d) If it is reasonable to expect that collecting the information with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to an investigation concerning a breach of an agreement or a contravention of a law of Canada or a province;
e) If information was generated in the course of a formal dispute resolution process; or
f) If it is otherwise required or authorized by an applicable law or regulation.

9.5

If access is refused, Franklin Empire shall send a written notice to the individual who submitted the request, explaining the reasons for the refusal and informing the individual of their available recourses.

9.6

If access is given, Franklin Empire shall provide the individual who submitted the request with a reasonable opportunity to examine the personal information collected by Franklin Empire. The personal information must be provided in a form that is understandable and within a reasonable delay, usually within 30 days, at minimal or no cost to the individual. Franklin Empire may extend the 30-day period by a maximum of 30 days if respecting the delay would unduly disrupt the activities of Franklin Empire or if the time needed to conduct the consultations required to respond to the request makes it impossible to respect the delay. The 30-day period may also be extended by the amount of time required to transfer to personal information to an alternative format for an individual with a sensory disability.

9.7

In order to protect the personal information, Franklin Empire may require an individual to provide sufficient proof of identity or other information to determine whether it actually holds their personal information and to inform them of the existence, use, and disclosure of the personal information. The information provided to this effect shall be used exclusively for this purpose.

9.8

Franklin Empire shall make all necessary amendments to the information without delay. Any unresolved challenge respecting the accuracy or completeness of the information must be recorded in the individual’s file. When appropriate, Franklin Empire shall disclose the existence of the unresolved challenge to third parties that have access to the information in question.

Principle 10 – Possibility of Filing a Complaint for Non-compliance with the Principles

10.1

Any individual can file a complaint for non-compliance with this Privacy Protection Code by contacting the Franklin Empire Privacy Protection Committee.

10.2

Franklin Empire has established procedures for receiving and responding to complaints and requests for information from individuals concerning the processing of personal information on the part of Franklin Empire.

10.3

The Franklin Empire Privacy Protection Committee may request advice from internal and external sources, as necessary, before making a final decision concerning an individual’s complaint.

10.4

Franklin Empire shall investigate all complaints concerning compliance with the Franklin Empire Privacy Protection Code. If a complaint is deemed to be justified, Franklin Empire shall apply the appropriate measures to resolve the complaint, including amending its policies and procedures if necessary. The individual who filed the complaint shall be informed of the results of the investigation.

Privacy Protection and Our Websites

Cookies – When you access Franklin Empire websites, we may use a browser feature called a “cookie” to collect personally identifiable information (e.g.: the type of Internet browser and operating system you are using, the domain name of the website from which you are coming, the number of visits, the average time you spend on our website and the pages you have consulted). A cookie is a small file that contains a unique identification number that identifies your browser (but does not identify you) to our computers each time you visit one of our websites that use cookies. In addition to the identified purposes described in our Privacy Protection Code, we may use this information taken from the website and disclose it to members of our Group and to other organizations with which we maintain business relationships in order to measure the use and improve the functionalities and content of our websites. If you wish, you can restart your browser after having been advised that you have received a cookie or you may refuse to accept cookies. However, if you refuse cookies, you may not be able to use certain features of our websites.

Online Communication – In order to receive products, services, or information, you may voluntarily disclose personal information to Franklin Empire for purposes such as registration, questions and correspondence, or if you wish to make a purchase, receive a quote, or other information or if you wish to participate in contests or surveys. If Franklin Empire recognizes you as a user of an online service, we may combine and retain this personal information concerning your use of our websites and online information that you have provided with certain other online and offline information that we may collect.

E-mail Messages – On occasion, Franklin Empire may send you e-mail messages containing information that may be useful to you, including information concerning products and services offered by Franklin Empire and other third parties with which we maintain business relationships. Such e-mail messages will include instructions for unsubscribing and informing us of your preferences if you do not wish to receive marketing or promotional e-mails from Franklin Empire in the future. However, if you are a Franklin Empire client or supplier, or if you maintain business relationships with Franklin Empire, in order to ensure that you receive important information, you agree that we may send you information that is not related to marketing, if necessary.

Children

Our websites are not used by or intended to be used by children, nor are they used to knowingly collect information from children or to market products or services to children. Franklin Empire encourages parents and legal guardians to show children how to use personal information concerning them in a safe and responsible manner when using the Internet.

Links

Our websites may contain links that lead to other websites. These links are provided solely for your convenience. Be advised that third-party websites may be subject to different privacy practices from those in effect at Franklin Empire, and Franklin Empire does not accept responsibility for any third-party websites. Whenever you connect to another site or consult a new site, you should review the privacy policies posted on that site.

Changes to the Privacy Protection Code

Franklin Empire reserves the right to amend or supplement this Privacy Protection Code at any time. If Franklin Empire makes significant changes to this Privacy Protection Code, the amendments will be posted on our website and will be made available upon request submitted to the Franklin Empire Privacy Protection Committee. However, Franklin Empire will undertake to obtain consent from an individual if it intends to collect, use or disclose personal information concerning the individual for purposes other than those for which the individual has given consent, except as otherwise required or authorized by law.

Information

For more detailed information concerning privacy protection practices at Franklin Empire, please visit our website (www.franklinempire.com) or contact the Franklin Empire Privacy Protection Committee at the following address:

Franklin Empire Privacy Protection Committee
c/o Information Privacy Agent
4605 boulevard Poirier
Montréal QC H4R 0S9
E-mail: [email protected]

Declaration concerning the protection of personal information

Within the context of the collection, use and processing of personal information pertaining to users of the Franklin Empire website, Franklin Empire respects the applicable laws governing protection of the confidentiality of information and the Franklin Empire website’s Commitment to Privacy Protection, available at www.franklinempire.com. For detailed information concerning our Privacy Policy, please contact the Agent in charge of privacy protection, at [email protected]. Click here to download the Privacy Protection Code.

At Franklin Empire, we believe that protecting the security and confidentiality of your personal information is important...

The purpose of this Declaration concerning the protection of personal information is to inform you of the collection, retention, use, transmission and disclosure (hereinafter collectively referred to as the “processing”) of your personal information. The collection of your personal information depends on the nature of your interactions with Franklin Empire and on the products, services and functionalities that you use, along with your location and the applicable laws.

1. Processing of your personal information within the context of your visits to our websites or during your use of our applications and online services

We process the following categories of personal information when you visit our websites or use our applications and online services (“online offer”):

• Your contact information, including your full name, business address, business phone numbers, business mobile phone numbers, and business e-mail address;
• Information concerning the company, including your job title and employer;
• Information submitted within the context of a request for support, an investigation, a comment or a post published on a forum;
• Other personal information that you provide when filling out forms related to our online offers; and
• Information related to your use of the online offer, including identifying information related to your device and your user name, information concerning your operating system, the sites and services that you have accessed during your visit and the date and time of each visitor request.

We process your personal information for the following purposes:

• To ensure the services and functions of the online offer, including the creation and management of your user account and the updating, securing and troubleshooting, provision of support, improvement and fine-tuning of our online offers;
• To invoice for your use of our online offer;
• To verify your identity;
• To respond to and follow-up on your requests or instructions;
• To process your order or to give you access to specific information or offers;
• To communicate with you to provide you with information and offers related to our products and services, to send you other messages of a commercial nature and to conduct customer satisfaction surveys, as described in Point 4; and
• To establish or maintain a legal claim or a legal defense within the context of a legal proceeding, to protect against potential fraud or other illegal acts, including attacks on our computer system, to the extent that such action is necessary to ensure the application of the conditions of use of our online offer.

Online offers made available by your company

You can access our online offers through the auspices of your company, which is among our clients. If your company provides you with access to an online offer, the processing of your personal information that is provided spontaneously or collected during your access to the online offer in question is overseen under the authority of your company, and is subject to a mutual agreement between Franklin Empire and your company. In such a case, your company is responsible for all personal information related to this content, and you should address any questions concerning the use of personal information related to this content to your company.

2. Processing of your personal information within the context of your use of our commercial platforms

We may process the following categories of personal information when you visit our online boutiques and commercial platforms (each considered a “commercial platform”):

• Your contact information, including your full name, business address, business phone numbers, business mobile phone numbers and business e-mail address;
• Information concerning the company, including your job title and employer;
• Payment information required for processing payments and preventing fraud, including credit/debit card numbers, security codes and any information required for invoicing;
• Information submitted within the context of a request for support, an investigation, a comment or a post published on a forum;
• Other personal information that you provide when filling out forms on our commercial platforms;
• Information required by law within the context of compliance monitoring or export control, including date of birth, nationality, place of residence, identification numbers, identity cards and information pertaining to pertinent and relevant lawsuits or other legal proceedings; and
• Information related to your interaction with the commercial platform, including identifying information related to your device and your user name, information concerning your operating system, the sites and services that you have accessed during your visit and the date and time of each visitor request.

We process your personal information for the following purposes:

• To communicate with you concerning our products, services and projects, including in response to requests for information or inquiries, or to provide you with specifications related to purchased products;
• To plan, conduct and manage the relationship (contractual) with clients, including by carrying out transactions and orders for products or services, processing payments, carrying on accounting, auditing, invoicing and recovery activities, organizing shipping and delivery, facilitating repairs and providing support services;
• To communicate with you to provide you with information and offers related to our products and services, to send you other messages of a commercial nature and to conduct customer satisfaction surveys, as described in Point 4;
• To maintain and preserve the security of our products, services and websites, and to prevent and detect threats, fraud and unlawful and malicious acts;
• To ensure compliance with legal obligations (record keeping obligations), the application of export and customs control regulations, conformity with compliance control obligations (fight against financial crime and money laundering), conformity with our internal By-laws or compliance with industrial standards; and
• To resolve disputes, ensure compliance with contractual agreements and establish, exercise or defend against legal claims.

3. Processing of your personal information within the context your commercial relations with Franklin Empire

Within the context our business relations, we may have to process the following personal information pertaining to clients and contact persons for clients (prospects), suppliers, distributors and partners (“business partners”):

• Contact information, including full names, business addresses, business phone numbers, business mobile phone numbers and business e-mail addresses;
• Payment information required for processing payments and preventing fraud, including credit/debit card numbers, security codes and any information required for invoicing;
• Additional information that must be processed within the context of a project or a contractual relationship with Franklin Empire, or that is voluntarily provided by the business partner, including personal information related to past orders, completed payments, requests and project steps;
• Personal information collected from resources that are accessible to the public (including social networks and websites that focus on business and jobs), databases related to integrity and credit agencies; and
• Information that is legally required for compliance monitoring pertaining to business partners or export controls, including date of birth, nationality, place of residence, identification numbers, identity cards and information pertaining to pertinent and relevant lawsuits or other legal proceedings against business partners.

We process your personal information for the following purposes:

• To communicate with business partners about our products, services and projects, including in response to requests for information or inquiries, or to provide business partners with specifications related to purchased products;
• To plan, conduct and manage the relationship (contractual) with business partners, including by carrying out transactions and orders for products or services, processing payments, carrying on accounting, auditing, invoicing and recovery activities, organizing shipping and delivery, facilitating repairs and providing support services;
• To create a personalized profile containing business information related to interactions between business partners and Franklin Empire with a view to providing relevant information and customized offers concerning our services and products to contact persons and the companies for which they work, and to improve our personal communication with business partners;
• To administer and conduct market analyses, drawings, contests and other activities or events intended for clients;
• To communicate with business partners to provide information and offers related to our products and services, to send other messages of a commercial nature and to conduct customer satisfaction surveys, as described in Point 4;
• To maintain and preserve the security of our products, services and websites, and to prevent and detect threats, fraud and unlawful and malicious acts;
• To ensure compliance with legal obligations (record keeping obligations), the application of export and customs control regulations, conformity with compliance control obligations affecting business partners (fight against financial crime and money laundering), conformity with our internal By-laws or compliance with industrial standards; and
• To resolve disputes, ensure compliance with contractual agreements and establish, exercise or defend against legal claims.

4. Processing of personal information within the context of customer satisfaction surveys or direct marketing activities

Where permitted by applicable legislation, we process your contact information within the context of direct marketing activities (invitations to trade shows, newsletters containing offers and additional information concerning our products and services) or customer satisfaction surveys, sent by e-mail. You can refuse the processing of information related to your contact persons for these purposes at any time by sending an e-mail message to [email protected], or by clicking on the unsubscribe link in the e-mail message that you received.

5. Processing of personal information within the context of job applications

When you apply for a job, we process your personal information as stipulated in the Declaration concerning the protection of personal information on Franklin Empire’s recruitment portal or any other recruitment platform you may use.

6. Transfer and disclosure of personal information

We may transfer your personal information to the following entities:

• To other affiliated companies or third parties (sales partners or suppliers) in connection with our online offers or within the context of our business relationship with you;
• To third parties mandated to provide Franklin Empire with IT services, which process the information exclusively for the purpose of providing said services (e.g.: hosting, computer maintenance, technical support);
• To third-party stakeholders within the context of complying with a legal obligation or establishing, exercising or defending rights or against legal claims (e.g.: legal proceedings and arbitration, regulatory bodies, law enforcement and government authorities, lawyers and consultants).
• Recipients of your personal information may be located outside of the country in which you reside. Any personal information that you post online (in forums or chat rooms) is generally accessible to other users who have opened an account related to our online offers.

7. Retention periods

Unless otherwise indicated within the context of the information collection process (e.g.: via a duly completed form), we delete your personal information once retention is no longer required for the purpose for which they were collected or otherwise processed, or in compliance with legal obligations (including information retention requirements pursuant to fiscal or commercial laws).

8. Your rights

Information protection laws in effect in your country of residence may grant you certain rights respecting your personal information. More specifically, and subject to the legal requirements, you may have the following rights:

• The right to have Franklin Empire confirm whether or not your personal information is being processed, and if it is, the right to access the information;
• The right to have Franklin Empire amend your personal information if it is not accurate;
• The right to have Franklin Empire delete your personal information;
• The right to have Franklin Empire limit the processing of your personal information;
• The right to require the transferability of personal information that you have provided voluntarily;
• The right to refuse more in-depth processing of your personal information for reasons related to your specific situation; and
• The right to withdraw your consent with respect to the processing of your personal information.

9. Security

Franklin Empire applies appropriate physical, technical and organizational security safeguards to protect your personal information against accidental or illegal destruction, loss, misuse, alteration, improper disclosure or unauthorized access.

10. Contact person for information privacy

Our information protection body provides support related to comments, questions, concerns or complaints pertaining to information protection, or if you wish to exercise any of your rights related to information privacy. You can contact the information protection body at the following address: [email protected].

The Information Protection Agent at Franklin Empire applies all reasonable efforts to process and resolve all requests or complaints. You can contact the information protection body, and you also have the right to submit your request or complaint to the competent information protection authority.

11. Processing pursuant to privacy protection laws in Canada

Franklin Empire retains your personal information on secure servers that are accessible to employees, representatives or authorized agents who require access for the purposes identified in this Declaration concerning the protection of personal information. If you have any questions concerning the manner in which Franklin Empire processes your personal information, including with respect to its use of service suppliers outside of Canada, or if you wish to exercise any of your rights related to your personal information controlled by Franklin Empire, please contact the Information Privacy Agent at Franklin Empire at the following address: [email protected].

12. Additional information for Franklin Empire employees

Other internal Franklin Empire information protection declarations are accessible via the information contained in Franklin Empire’s intranet pages (access to the Franklin Empire intranet is required).

Franklin Empire Privacy Policy

Commitment

Protecting your privacy is a priority for Franklin Empire. This Policy is intended to inform you of the safeguards that have been established to protect any personal information you may disclose to Franklin Empire via the Internet or any other means, in full compliance with the regulations and laws governing privacy protection applicable at Franklin Empire. Franklin Empire is subject to the Act respecting the protection of personal information in the private sector (S.Q., 1993, c. P-39.1).

General Principles

Within the context of its operations, and after receiving your consent, Franklin Empire may collect personal information that you provide to be used for the purposes described below. This Policy details how Franklin Empire carries out the following activities:

• Collection of personal information;
• Use of personal information;
• Disclosure of personal information to third parties after receiving your consent to this effect, as applicable.

All employees of Franklin Empire are responsible for the application of the Information Privacy Policy and for personal information management practices.

Definition of the Concept of Personal Information

Personal information is defined as “any information related to a physical person that can be used to identify that person”.

Consent

Your consent to the disclosure or use of your personal information must be given explicitly. Such consent will be valid for the purposes described in this Policy and for the specific purposes identified when giving consent, as applicable. The consent will be valid for the length of time required to fulfil the purposes identified when giving consent or for the purposes identified in Section 7 of this Policy. Your consent can be withdrawn at any time, as indicated in Section 12 of this Policy.

Personal Information Collected

Franklin Empire may collect the following personal information after receiving your consent, and depending on the circumstances:

• Identifying information (last name, first name, phone numbers, mailing and e-mail addresses);
• Date of birth and gender;
• Information concerning a credit card, money order or check;
• Date of registration as a client or supplier;
• History of purchases and transactions on file.

Collection of Personal Information

Franklin Empire collects personal information when you use our services and when you voluntarily disclose your personal information. Some examples:

• Taking part in an event or activity;
• Using services on site or online;
• Sending a question or comment by any means of communication;
• Subscribing to electronic communications, including newsletters;
• Purchasing products;
• Becoming a member or renewing your membership;
• Making a donation.

The collection of personal information is limited to information required for the purposes identified in this Policy. Whenever Franklin Empire collects your information, you have the option of prohibiting us from storing it for later use.

Purposes of Collection

The personal information that you disclose is used exclusively for the following purposes:

• To enable Franklin Empire to identify and authenticate you in its computer systems;
• To enable Franklin Empire to provide you with services that are adapted to your needs;
• To occasionally communicate with you in writing, orally or electronically to keep you informed of Franklin Empire’s activities;
• To allow Franklin Empire to compile statistics related to its clientele;
• To allow Franklin Empire to process your transactions and prepare tax receipts in compliance with taxation laws;
• To allow Franklin Empire to carry out the necessary follow-up in connection with occasional transactions.

Use, Retention, and Disclosure

a) Use of Personal Information

Your personal information is used exclusively for the purposes for which it is collected, as identified in Section 7 of this Policy. Toward this end, it is retained in a confidential manner for as long as it is required.

Franklin Empire ensures the protection of your personal information at all times through the use of appropriate security safeguards, whether material, organizational, or technological. Franklin Empire also undertakes to limit access to personal information to its personnel, in accordance with the access levels described in Section 9.

b) Retention of Personal Information

Your file is retained digitally on Franklin Empire’s computer server.

c) Disclosure of Personal Information

Franklin Empire may disclose your personal information to third parties in the following cases:

• To the officers, legal representatives or agents of Franklin Empire, and to service providers that assist Franklin Empire in its activities pursuant to a service or joint venture contract, exclusively for the purposes authorized by law;
• In any case where, pursuant to the Act respecting the protection of personal information in the private sector, the disclosure of personal information is made possible without prior authorization.

Within reasonable limits, Franklin Empire takes appropriate measures to ensure that such third parties respect the regulations and commitments stipulated in this Policy.

Accessibility for Personnel

Franklin Empire has taken measures to guarantee the highest level of protection of your personal information. Toward this end, three security levels have been established:

• Highest level: Category with access to all of your personal information.
• High level: Category with access to some of your personal information.
• Basic level: Category with access to a minimum of personal information.

Web Cookies and Analytics

Some pages of the Franklin Empire website require the transmission of cookies to help site users browse more quickly and to offer them content that is of the greatest interest to them. No personal information is stored in the cookies. The use of cookies is common practice, and many popular browsers are initially configured to accept them. However, you can configure your browser to reject or disable cookies, in which case, certain functions of our website will no longer be accessible.

Browsing information may be shared with authorized third parties that work with Franklin Empire, including partners. Browsing information does not contain any personal information. Within reasonable limits, Franklin Empire ensures that authorized third parties apply the necessary safeguards to respect the confidentiality of your information. Authorized third parties include analytics services, such as Google Analytics, among others.

The Franklin Empire website may contain hyperlinks to other websites. Any information exchanged on these sites is not subject to this Privacy Policy.

Accuracy

Franklin Empire applies all reasonable measures to ensure the accuracy of personal information at the time of its use or disclosure. We encourage you to contribute to this accuracy by keeping us informed of any changes to be made to your personal information or any errors that may exist. Please consult the section entitled Contact information for the procedure for contacting the Agent in charge of protection of personal information.

Right to Access, Amend, and Withdraw Consent

a) Right to Access Your Personal Information

Pursuant to the conditions and exemptions stipulated by law, Franklin Empire allows you to access the personal information that it holds concerning you. Upon request, Franklin Empire will inform you of the personal information that is held and the use that is made of it, including disclosure to third parties, and will allow you to consult your personal information. You can also request a copy of your file, at a reasonable charge.

b) Right to Amend or Delete Personal Information

Of course, you have the right to amend any personal information that Franklin Empire has collected if the information is inaccurate, incomplete, ambiguous, out of date, or not justified based on the purposes identified in Section 7 of this Policy. You also have the right to have any confidential information deleted if it was collected in a manner that does not comply with the law.

c) Right to Withdraw Consent

All requests for access, amendment, or deletion must be submitted in writing and accompanied by proof of identity. Please consult the section entitled Contact information for the procedure for contacting the Agent in charge of protection of personal information. Franklin Empire will follow up within thirty (30) days following receipt of the request.

Complaint

For requests or complaints related to the application of this Policy, please consult the section entitled Contact information for the procedure for contacting the Agent in charge of protection of personal information.

Contact Information

If you have any questions or comments concerning the manner in which Franklin Empire processes your personal information or our Information Privacy Policy, or to exercise one or more of your rights, please feel free to contact the Agent in charge of protection of personal information:

Franklin Empire Privacy Protection Committee
c/o Information Privacy Agent
4605 boulevard Poirier
Montréal QC H4R 0S9
E-mail: [email protected]

Declaration

After reading this Privacy Policy and confirming that they will respect it, every individual who is subject to the collection of confidential information concerning them declares that they understand that they have the option of prohibiting Franklin Empire from collecting confidential information concerning them and confirms the following:

• That they consent to Franklin Empire collecting confidential information concerning them in order to fulfil the purposes identified in Section 7 of this Policy;
• That they consent to Franklin Empire sharing the confidential information collected in order to fulfil the common purposes identified in Section 7 of this Policy;
• That they understand that this consent is revocable.

Cookies Policy

This Cookies Policy applies to all Web pages accessible under the “Franklin Empire.com” domain name (hereinafter “the Website”).

The Website uses cookies. Cookies are small files containing browser information that is stored on the user’s terminal. Cookies defined by Franklin Empire are called "first-party cookies" (or proprietary cookies). Cookies defined by third parties that provide services to Franklin Empire are called "third-party cookies".

Cookies are necessary to be able to take advantage of certain functionalities of the Website, such as saving the user’s choice of language during browsing. Cookies also allow the issuer (Franklin Empire or a third party) to determine which site the user visited previously, thus allowing for identification of returning visitors (or more specifically, terminals that connect to the Website on multiple occasions) and collection of information concerning their use of the Website and their areas of interest.

This information is used to improve the functioning of the Website and to display relevant ads related to Franklin Empire’s products and services on the Website or on third-party sites.

The types of cookies used on the Website are divided into four categories, based on their function and purpose: strictly necessary cookies, performance cookies, functionality cookies, and marketing cookies.

Strictly necessary cookies

These cookies are essential for browsing the Website and for taking full advantage of its functionalities. They are used to identify the user’s confidentiality and connection preferences and to store certain information collected from forms during a browsing session. Without these cookies, Franklin Empire would not be able to adequately ensure the services provided by our Website.

Pursuant to applicable legislation, strictly necessary cookies do not require user consent. You can configure your Web browser to block strictly necessary cookies, but then you would be unable to take full advantage of the functionalities of the Website.

Performance cookies

These cookies collect information concerning the manner in which visitors use a website, including the pages that visitors consult most frequently and the manner in which visitors browse the site. Performance cookies allow Franklin Empire to better understand the behaviour of users on our Web pages, improve the user-friendliness of the Website and enhance the user experience during browsing.

Performance cookies collect information concerning the Internet user and operating system, the domain name of the previously visited website, the number of visits, the average length of visit and the pages consulted on the Website, among other information.

As a general rule, the information that is collected by performance cookies is aggregated, and cannot usually be associated with a specific physical individual. However, in some cases, this information may be directly associated with the user (if the user has identified themselves to Franklin Empire, such as when creating an account or submitting a request to Franklin Empire). If any of the information processed in connection with performance cookies can be directly associated with the user or classified as personal information, it is processed based exclusively on the user’s consent.

Functionality cookies

These cookies allow for your preferences or the information that you enter to be saved (e.g.: your user name, your language or the region where you are located) so that we can provide optimized and personalized functionalities. They are also used to activate requested functions, such as viewing videos.

The processing of personal information related to functionality cookies, as applicable, is based exclusively on the user’s consent.

Marketing cookies

Marketing cookies (also called targeting or advertising cookies) are used to display ads that correspond to your areas of interest on third-party websites. They are also used to limit the number of times you see an ad and to measure the effectiveness of ad campaigns. The processing of personal information related to marketing cookies, as applicable, is based exclusively on the user’s consent.

Franklin Empire is responsible for the personal information collected by the cookies governed by this Policy.

Exercising your options based on the browser you are using

The configuration of each browser is different in terms of managing cookies and your options. Consult your browser’s help menu to determine how to modify your preferences with respect to cookies.

The respect of privacy is an absolute priority for Franklin Empire.

Franklin Empire and certain third parties associated with our Web pages use cookies on www.franklinempire.com.

Questions or Complaints

Questions or complaints can be brought to the attention of any Franklin Empire employee. If the employee is not able to help, the matter must be referred to the employee’s immediate supervisor or a member of the management team.

If you have questions concerning this Policy or the manner in which we manage personal information, please contact the following:

Franklin Empire Privacy Protection Committee
c/o Information Privacy Agent
4605 boulevard Poirier
Montréal QC H4R 0S9
E-mail: [email protected]

Any individual who is not satisfied with the measures that Franklin Empire may have taken to correct the situation or with the explanations provided will be informed of their right to file a complaint pursuant to the Privacy Act and will receive instructions for doing so. Please note that Franklin Empire does not investigate the compliance of its own measures with the Privacy Act. All complaints related to this area will be subject to an independent investigation by the ad hoc Privacy Commissioner.