Privacy Policy

This Privacy Policy was last amended on November 2nd, 2018.

Introduction

The Qualex-Landmark™ group of companies have striven to continually create developments that meet or exceed the needs and expectations of their customers. Through customer feedback and research, they are better able to determine, and in turn, fulfill these needs. They highly respect and value your right to privacy and want you to feel comfortable about any personal information that you provide. This privacy policy outlines policies and procedures that Qualex-Landmark™ uses to collect, use, share and safeguard the valuable information we collect.

This Privacy Policy has been adopted by Qualex–Landmark Living Inc. and by those organizations using the Qualex™ or Qualex-Landmark™ trademarks under license from Qualex-Landmark Living Inc. Qualex-Landmark™ and all such organizations will be collectively referred to in this Privacy Policy as “Qualex”.

Our Commitment to Provide You with A Level of Comfort.

Qualex believes you should be informed on what data we collect from you and how we intend to use it.

Except as otherwise set out in this Privacy Policy, Qualex will not sell, rent, loan, trade, lease, transfer or otherwise disclose your personal information, including e-mail addresses, to any third party.

Qualex encourages you to review this Privacy Policy.

If you have questions regarding this Privacy Policy or our privacy practices, please contact us at privacy@qualex.ca.

Application of this Privacy Policy

By providing personal information to us and by dealing with Qualex, we will assume that you have consented to the collection, use and disclosure of your personal information in accordance with the terms set out in this Privacy Policy unless you advise us otherwise.

Amendments to this Privacy Policy

Qualex reserves the right to amend this Privacy Policy from time to time. The first sentence of this Privacy Policy indicates when the Privacy Policy was last amended. Please check back regularly for changes.

Information Qualex May Collect

Personal Information

For the purposes of this Privacy Policy, “personal information” means information that is about an identifiable individual. Personal information does not include information that cannot be attributed to an individual. For example, information of an aggregate or anonymous nature is not personal information under this Privacy Policy and, therefore, is not subject to the terms of this Privacy Policy. Personal information may include, but not limited to, contact information (for example, name, mailing address, e-mail address, and telephone number), demographic information, household information, preference information and transaction-related information.

How Qualex Collects Personal Information

Qualex generally collects personal information directly from the individuals who provide this personal information on a voluntary and consensual basis. It could be collected through various avenues, for example, online, in person or on paper, but not limited to the following:

  • Social media platforms hosted by third-parties, for example, Facebook, Instagram, Twitter, LinkedIn, etc.
  • E-mail correspondence, which may also include third-party e-mail service such as Mailchimp.
  • Web analytics platforms, hosted by third-parties, for example, Facebook analytics, Google Analytics, etc.
  • Registration forms using industry standard third-party CRM software such as Spark, Lasso, etc. so we may keep you updated and informed about new products, services and other related Qualex activities. You will have access to opt out of this service at any time. You may also be asked to fill out a registration form offline/in person when you visit our sales centre which we manually enter into our database.
  • Surveys/Questionnaire: From time to time, Qualex may request your feedback on your experience of Qualex and their affiliates using online survey software, for example, surveymonkey.com. The data we extract from these surveys will not be shared with a third party unless explicit permission has been approved by you.
  • Contest entry forms: When applicable, we may request contact and/or personal information for contest purposes.
  • Service request forms: Homeowners who purchase a Qualex home will receive an account to access an online portal for service request forms. We may collect and processes data such as information about your home, service plan information, warranty information, reports, photos and other related information about your home.
  • Transactional documents: You may be asked to provide information for transactional purposes which includes but is not limited to financial information, personal information and any other necessary information required to complete that transaction.

Use of Personal Information by Qualex

The information you provide may be used for the following:

  • Help manage our business needs: analyzing and improving services, performance and functionality.
  • To tailor our services and products to better match our understanding of your needs and interests.

To Communicate With You

In cases where communication is necessary, we may use the information we collect in the following ways:

  • To respond to inquiries and fulfill requests related to product or services.
  • To advise you of home-related information, send administrative information to you.
  • Present products and offers tailored to you for an improved experience.

Set out below are certain circumstances where Qualex may use your personal information without obtaining your further consent. These are:

  • using identification information and contact information, such as your name, address, telephone number and e-mail address so that Qualex can identify you and communicate with you in connection with our operations, products or services;
  • Information or comments provided by you on social media;
  • Information for project financing and/or home warranty
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose. For example, if you ask us questions about one of our products or services, we may store the related communications for future reference and we may send you additional information if the information we originally provided to you has changed;
  • as otherwise in compliance with your consents.

Qualex may, from time to time, contact you by electronic format, regular mail or telephone for any of the purposes set out above.

Disclosure of Personal Information by Qualex

Set out below are certain circumstances where Qualex may disclose your personal information without obtaining your further consent. These are:

  • In the event Qualex transfers or is considering transferring control of any or all of its operations or assets to another organization, Qualex reserves the right to transfer and/or disclose your personal information to that organization. However, Qualex will require that the organization agree that it will be similarly bound by the provisions of this Privacy Policy and that it will only use and disclose your personal information as Qualex is similarly entitled under this Privacy Policy;
  • Qualex may work with other organizations towards some common purpose consistent with the objectives of Qualex. In that case, it may be necessary for Qualex to disclose your personal information to these organizations. However, Qualex will require that these organizations agree that they will only use and disclose your personal information as necessary for the common purpose and that they will adhere to the terms of this Privacy Policy; and
  • as otherwise in compliance with your consents.

Service Providers

Qualex may engage certain service providers to assist Qualex with, for example, homeowner care, quality assurance, etc. Other service providers may provide services directly to you at the request of Qualex. As such, it may be necessary for Qualex to disclose your personal information to these service providers. However, Qualex will take steps to ensure that these service providers will only use and disclose your personal information as necessary to provide the services and that they will adhere to the terms of this Privacy Policy. As well, some of these service providers may assist Qualex in the collection of your personal information. Qualex will ensure that they will not use or disclose your personal information for any other purpose and that they will adhere to the terms of this Privacy Policy.

Other Collection, Use and Disclosure

As well, privacy legislation permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in some specific and limited circumstances such as The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) in the event you entered into an Agreement of Purchase and Sale and made a deposit in consideration of a Purchase and Sale Agreement and/or entered into an Assignment of an Agreement of Purchase and Sale. Other Provincial and Federal authority requirements may also require us to provide your personal information. Qualex reserves the right to collect, use and disclose your personal information in these limited circumstances without your knowledge or consent. As well, Qualex may collect, use and disclose your personal information without your knowledge or consent when that personal information is relevant to an actual or potential legal proceeding or when Qualex is required or permitted to do so by court order, applicable law or regulatory requirements.

Qualex collects and uses non-identifiable information through third parties, for example, Google Analytics, to examine the effectiveness of website content and traffic. This allows Qualex to improve the quality of user experience, by streamlining visitors’ ability to navigate these websites and developing featured programs and content that will be of interest to visitors. Aggregate non-identifiable information is used to perform statistical analyses of the collective characteristics and behaviour of individuals, and to measure demographics and interests.

Qualex also uses the aggregate non-identifiable information collected, to be used to describe Qualex’s products to third parties such as prospective business partners and financial institutions. In any of these circumstances, only non-identifiable information in an aggregate form and not personal information is disclosed.

A technology called cookies may be used on certain pages of our website. A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so the website can recognize you when you return. Cookies allow us to provide you with tailored information and to provide services to you via the Internet. If your browser permits, you may set your browser to notify you when you receive a cookie or to reject cookies altogether. (See the documentation provided with your Internet browser for more information on cookies and how to disable them.) If you disable or reject cookies: (i) your experience at the website will not be tailored, (ii) certain services at the website may not be available to you, and (iii) you may be required to input the same information each time you visit the website.

Websites Operated by Third Parties

Websites operated by Qualex may contain links to other websites that may collect personal information. This Privacy Policy does not extend to the data collection, disclosure, use and retention practices of such third parties, and Qualex does not assume any responsibility for the privacy practices, policies or actions of such third parties. Individuals should read the privacy policies of such third parties and make an informed decision whether or not to visit such websites and/or provide personal information to such third parties based upon their privacy practices and individual discretion.

Consent

Generally, unless otherwise permitted or required by law, Qualex will obtain your consent to our collection, use and disclosure of your personal information. This consent may be explicit or implied and the consent may be given orally or in writing, depending on the circumstances. In particular, if the use and/or disclosure of your personal information would be fairly apparent at the time of collection Qualex will not obtain your explicit consent to that use and/or disclosure. Your consent will be implied.

When obtaining your consent Qualex will inform you of the uses and disclosures that Qualex wishes to make of your personal information unless those uses, and disclosures are fairly apparent at the time Qualex collects the personal information or are set out in this Privacy Policy.

Security

Qualex takes reasonable measures to protect the security and confidentiality of personal information under the care and control of Qualex from loss, misuse and alteration. Any information transmitted via the Internet, however, may be intercepted by third parties. Qualex does not assume any liability for interception, alteration or misuse of information transmitted over the Internet. Qualex employees are restricted from collecting, using and disclosing personal information other than in accordance with this Privacy Policy.

Your Rights and Choices

Qualex requires your personal information in order to provide certain products and services to you. You always have the choice of whether or not you wish to supply Qualex with personal information. If you decide not to provide Qualex with your personal information, Qualex may not be able to provide certain of its products and services to you, including, without limitation, certain informational and promotional materials that may significantly disadvantage you from purchasing a Qualex product.

Accuracy and Completeness

When Qualex collects, uses or discloses personal information, Qualex will make a reasonable effort to ensure that it is accurate, up to date and complete. To do so, Qualex may periodically need to request additional information from you or have you verify your information. If your personal information does change, Qualex would appreciate it if you could inform us of those changes in order that your personal information in our possession remains accurate.

Changing Consent

You may change or withdraw your consent at any time on reasonable notice, subject to pre-existing legal and contractual obligations, by contacting us at privacy@qualex.ca. However, if you withdraw certain consents, it may limit the manner in which you can make use of Qualex’s services or purchase Qualex products or otherwise interact with Qualex. For clarity, your ability to change or withdraw consent is not absolute. Qualex reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.

Requests for Access to Personal Information

On your written request, Qualex will provide you with:

  • access to your personal information (if any) under our custody or control;
  • information about the purposes for which your personal information under our custody or control has been and is being used by us; and
  • the general audience to whom, and the circumstances in which, your personal information has been and is being disclosed by us within the limitations of protecting everyone’s privacy.

All requests may be subject to reasonable fees and disbursements. Where appropriate to do so, Qualex may require advance payment of a deposit or the entire costs of responding to a request for access to personal information. As well, all requests must be in writing and signed by you. Qualex will also require sufficient information to verify your identity, to properly locate the information and provide a response.

Your ability to access your personal information is not absolute. Qualex reserves all rights to not provide access to personal information in those circumstances permitted by law.

Requests for Correction of Personal Information

Qualex will correct errors or omissions in your personal information where that information is in our custody or control. Qualex requires that all such requests be in writing and signed by you. Qualex may require sufficient information to verify your identity, properly locate the information and provide a response. If you make such a request, Qualex will either:

  • correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom Qualex disclosed the incorrect information; or
  • decide not to correct the personal information but Qualex will annotate the personal information that a correction was requested but not made.

Corrections or amendments will rarely, if ever, be made to opinions, including expert or professional opinions, as opposed to factual information, which may be corrected if in error.

Limited Nature of this Privacy Policy

Nothing contained in this Privacy Policy is intended to create a contract or agreement between Qualex and you and you may not rely on it as such.

Contacting or Communicating with Us

If you:

  • have any questions with respect to our privacy policies or practices;
  • have any questions with respect to our handling of your personal information;
  • have a privacy shield complaint;
  • wish to request access to or correction of your personal information under our care or control; or
  • are dissatisfied with our handling of your personal information or any response Qualex may have given,

please contact us:

By Mail:

The Qualex-Landmark™ Group of Companies
Suite 1910, 400 Burrard Street
Vancouver, BC, Canada
V6C 3A6

By Email:

privacy@qualex.ca