Last Updated: June 12, 2020
Table of Content
1. Scope and Purpose
2. Personal Information and Non-Personal Information
3. What Kind of Personal Information Do We Collect
4. How Do We Use Your Personal Information
5. How Do We Share Your Personal Information
6. BRP’s Legal Grounds for Processing Your Personal Information
7. How Long Do We Keep Your Personal Information
8. Cookie Policy
9. How We Protect Your Personal Information
10. Links to Third-Party Sites
11. Protecting the Privacy of Children
12. Changes to This Privacy Policy
13. Your Rights Over Your Personal Information
1. SCOPE AND PURPOSE
Bombardier Recreational Products Inc., BRP US Inc., BRP European Distribution SA., (together with their affiliate companies and subsidiaries, "BRP", "we", "us") is a global leader in the world of powersports vehicles and propulsion systems.
We are committed to protecting your privacy and support a general policy of openness about how we collect, use and disclose your Personal Information (as defined below). This Privacy Policy applies to information, including Personal Information collected about you by BRP. The purpose of this Privacy Policy is to inform you about BRP’s practices relating to the collection, use and disclosure of Personal Information that may be provided through access to or use of our websites or services and products or that may otherwise be collected by us.
This Privacy Policy also explains how you can contact us if you have a question about, want to make a change to or would like to delete any Personal Information that BRP may have about you. We strongly recommend that you take the time to read this Privacy Policy and retain it for future reference.
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, consult our Privacy Notice for California Residents available at the end of this Privacy Policy.
2. PERSONAL INFORMATION AND NON-PERSONAL INFORMATION
For the purpose of this Privacy Policy,
(a) “Personal Information” means information about an identifiable individual; and
(b) ”Non- Personal Information” means information that cannot be used to identify you (for example, aggregated statistical data).
Non-Personal Information does not constitute Personal Information and any collection or processing of Non-Personal Information is not subject to collection, use or disclosure practices contemplated by this Privacy Policy. Any disclosures regarding Non-Personal Information made in this Privacy Policy are provided for informational purposes only.
3. WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT
Information provided to us by you
We collect information you voluntarily provide to us, such as your name, language of communication, phone number, address, and email address when you want to learn more about BRP products and services, when you become the owner of a BRP product or when you contact our Consumer Services group for assistance with your BRP products or for after-sale service.
Information collected automatically
We automatically collect information about you, such as information collected by cookies and similar technologies when you use our websites or our dealers’ or distributors’ websites. We may, for example, collect information about the type of device you use to access our websites, the operating system and version, your IP address, your general geographic location as indicated by your IP address, your browser type, the webpages you view on our or our dealers’ or distributors’ websites, and whether and how you interact with content available on such websites.
Information collected from other sources
We may receive information about you, such as demographic information, from other sources, including third parties, such as dealers and partners with whom we offer services or engage in joint-marketing activities. We may also receive information about you from social media platforms such as Facebook and Twitter, for instance, when you interact with us on those platforms. We protect data obtained from third parties according to the practices described in this Privacy Policy and we also apply any additional restrictions imposed by the source of the data.
Information collected from your interactions with BRP
We have highlighted different occasions when BRP could potentially collect Personal Information from customers. The customer interactions with BRP are broken down into the following segments:
Learning about BRP
As you gather information about BRP, you may virtually or physically visit a site, browse our website, call our in-house sales representatives, physically visit a BRP-owned store, subscribe to BRP’s newsletters, participate in BRP-sponsored contests and sweepstakes or attend BRP-sponsored events. To learn more about BRP products, you may voluntarily provide Personal Information, such as your name, address and email address during these interactions. We may also collect information about you online via cookies or similar technologies when you visit our websites. Subject to our obligations under applicable anti-spam laws, we use this information to share news about events and about products offered by BRP. Additionally, IP addresses help us to better understand geographic information about visitors to our websites so that we can improve our websites for everyone.
It is our legitimate interest to process your Personal Information for these purposes.
Buying BRP products
If you decide to buy a BRP product, we offer ways for you to buy directly from us via our websites or at a BRP dealership. When you buy from us, you will be asked to provide information so that we can complete your purchase. We use this information to complete your transaction, follow up with you about your purchase, help with any delivery issues, handle returns, offer after-sale service, and other issues related to your purchase of BRP products.
Processing your Personal Information for this purpose is necessary for performance of the agreement we have with you.
Please note that we do not store any payment or credit card information. We only use payment information in connection with purchases of BRP products.
Registering your BRP products
As part of registering your BRP product for ownership, safety recall and warranty purposes, BRP will collect information such as your name, address, and email address. You are required to provide this information to register your BRP product. We collect this information to help establish ownership of individual BRP products, perform any safety recalls, and offer warranty and after-sale service to you.
It is our legitimate interest, and of vital interest to you in terms of safety recalls, to process your Personal Information for these purposes.
Getting help from BRP
From time to time, you may decide to contact our Consumer Services group for assistance with your BRP products. To be able to offer you the best service possible, we may collect certain data from you or your BRP products. We collect this information to give you the best and most efficient customer support possible.
It is our legitimate interest to process your Personal Information for these purposes.
4. HOW DO WE USE YOUR PERSONAL INFORMATION
BRP uses the data we collect to provide you with information on the BRP products and services we offer, which includes using data to improve and personalize your experience. We also use the data to communicate with you, for example, to advise you about your account, new BRP products or services available, security and other types of updates. BRP uses the data for the following purposes:
Customer support
We use data to respond to customer inquiries, diagnose product problems, repair customers’ BRP products and provide other customer care and support services.
Security, safety, and dispute resolution
We use data to protect your security and safety, to detect and prevent theft, to resolve disputes and to enforce our agreements.
Communication, personalization, marketing and advertising
We use the data we collect to deliver and personalize our communications with you. For example, subject to our obligations under applicable anti-spam laws, we may contact you by email or other means of electronic communication to inform you about new BRP products or services, to provide you with personalized service, to update you on a support issue or to invite you to take part in a survey.
Sales and after-sales
Our sales and after-sale services will use your data to process your sale and configure and service your BRP product. We will obtain your contact information, vehicle information and configuration details and sales and service information when you purchase, service or repair a vehicle from or through our vehicle sales and after-sale services as part of the sale or service and will use it to provide the services you request and notify you of issues in relation to your vehicle. This information may be accessed by BRP to troubleshoot technical or other issues relating to the delivery of these services, to help continuously improve product quality, to cross-check information in certain circumstances such as in connection with warranty claims or to check if recalls have been property performed.
Employment and recruiting
When you submit a job application, we will collect and process your Personal Information for recruiting-related purposes, to manage your application, to determine if your application matches the role for which you applied, to communicate with you regarding your application or opening beyond the scope of your original application and in order to better understand who is applying to BRP positions and how to better attract applicants for BRP vacancies.
Non-Personal Information
We also use Non-Personal Information. For example, we may:
(a) collect and analyze aggregated and/or de-identified information to produce statistical data for research purposes and to develop and improve our BRP products and services, including maintaining and improving the performance of our BRP products and services, developing and adding new features or capabilities;
(b) use cookies and similar technologies to provide the most relevant BRP advertising to you. Using cookies and collected data, we may create audiences that include lists of users and share them with authorized third parties in order to reach people who may have similar interest as those who interacted with BRP websites; and
(c) develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
5. HOW DO WE SHARE YOUR PERSONAL INFORMATION
Personal Information BRP has collected may be transferred to a limited range of third parties. In this case, your Personal Information will be shared with these agents or contractors, but only for the purpose of performing services on behalf of and under instruction from BRP and in accordance with this Privacy Policy.
The information is shared in a secure manner, using a consistent security protocol between BRP and the third parties. When BRP shares information with other parties, we ensure that they only use your Personal Information for the purposes for which it was provided in accordance with this Privacy Policy.
The types of third parties that we share information with are:
· BRP affiliates and subsidiaries;
· Selected marketing agencies, including call centres, which execute marketing campaigns on BRP’s behalf;
· BRP authorized dealerships and distributors;
· Printing vendors;
· Recruiting agencies (solely with respect to data collected in the context of recruitment); and
· Any third party authorized by us or by you to process Personal Information for the purposes contemplated in this Privacy Policy.
BRP may also disclose and/or transfer Personal Information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure, or repossession), lease, merger, amalgamation, joint venture, strategic partnership or any other type of acquisition, disposal, transfer, conveyance, or financing of all or any portion of BRP, or of any of the business or assets or shares of BRP or a division thereof, in order for you to continue to receive the same products and services from the third party.
We may also disclose Non-Personal Information in a number of circumstances including, but not limited to, the circumstances identified above.
6. BRP’S LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL INFORMATION
BRP will use your Personal Information described above as permitted by the different privacy laws in the countries where we operate. As such, to the extent permitted by applicable privacy laws, BRP will abide by the following principles:
· BRP has obtained your consent;
· It is necessary for the performance of a contract;
· BRP has a legal obligation to process your Personal Information;
· There is a vital interest for a data subject;
· A task is carried out in the public interest; and
· There is a legitimate interest for BRP to process your Personal Information, except where such interest is overridden by your fundamental rights and freedoms.
BRP reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order requires or authorizes us to do so.
7. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION
Your Personal Information is retained only for as long as necessary for the purpose for which we obtained it and for any other permitted ancillary purposes. If information is needed for more than one purpose, we will retain it until the end date of the purpose with the longest duration; however, we will discontinue any use of information for purposes with earlier end dates as soon as such dates are reached.
Your Personal Information is kept secured and access is strictly limited to only those persons who need to use it for the relevant purpose.
Our retention periods are based on business needs and Personal Information that is no longer needed is either irreversibly anonymized or securely destroyed.
8. COOKIE POLICY
What is a cookie?
A cookie is a small text file placed on your computer when you visit a website. It is usually created when a new webpage is loaded.
Cookies store non-personal information on your computer, in order to manage your website experience, such as your web browser type. They are designed to hold a small amount of data specific to a particular user and website to allow web pages delivered to be tailored to a particular user, or some pages to contain some script which takes into consideration the data in the cookie and so is able to carry information from one visit to the website (or related website) to the next. Cookies also store preference information to customize your website experience. Most web browsers allow you to control cookies through their settings preferences.
We use cookies to manage BRP’s websites and email programs.
Cookies and other tracking technologies used on BRP’s websites
Strictly Necessary Cookies
Always Active – These cookies are necessary for the functioning of the website. They are in response to actions you have taken such as log-ins, language preferences, browser settings, and auto-fill forms. You can set your browser to alert you when these cookies are being used or to block them. Please be aware that some parts of the website may not work if you block these cookies.
Facebook Pixel
These cookies are used by BRP and Facebook to measure, build, and improve Facebook advertising audiences. This works by uniquely identifying your browser and device and ensuring that BRP displays its Facebook advertising campaigns to users that would be interested in such advertising. This is done by analyzing which content is interacted with by a user.
Marketing Cookies
These cookies are used by BRP and third parties to build a profile of your interests, show you relevant communications, as well as to understand the performance of the advertising. They track information such as browser and device identifiers, the number of unique visitors, the number of clicks on ads, and most recently loaded pages. They are also used to build consumer profiles, including showing ads based on products that are viewed or acts that have been taken on BRP websites. By disabling these cookies, you will not receive a targeting advertising experience across different websites.
Retargeting/Behavioural/Statistical Cookies
These cookies are used by BRP and third parties to create audiences that include lists of users who have interacted with the BRP website in a particular fashion. These cookies do not contain any identifiers nor any personal identifiable information.
Your cookie settings
You can completely disable some or all cookies in the advanced settings of your browser at any time. For more information on how to disable cookies, please refer to https://cookies.insites.com/disable-cookies/
Clear GIFs
Clear GIFs (a.k.a. web beacons, web bugs or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, though, clear GIFs are embedded invisibly on web pages, not stored on your hard drive. These “images” are automatically loaded to your browser/device when you visit our website or open an html format email message from us, thereby letting us know if a certain page was visited or an email message was opened. Clear GIFs allow us to record simple user actions related to our websites and to email communications received from us, to help us determine the usage and effectiveness of our site and communications. We might use clear GIFs to track the activities of our visitors, help us manage content, and compile statistics about usage. We and our third party service providers also might use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded. These can be blocked either by using a third party application such as Ghostery (https://www.ghostery.com), or, in the case of emails, by changing your settings to prevent images from being downloaded (where your email client supports this functionality).
Third-Party Analytics.
We use automated devices and applications, such as Google Analytics (https://support.google.com/analytics/answer/6004245) (to opt out, go here (https://tools.google.com/dlpage/gaoptout).
We also use services that enable us to better understand our users’ needs and optimize our platform and users’ experience. These services use cookies and other technologies to collect data on our users’ behavior (by tracking how much time users spend on which pages, which links users chose to click on, what users like or not) and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display on our website). This information is stored in a pseudonymized user profile and it will not be used to identify individual users or to match it with further data on an individual user.
9. HOW WE PROTECT YOUR PERSONAL INFORMATION
BRP makes commercially reasonable efforts to ensure that Personal Information collected from you is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy format. Access to your Personal Information is restricted to individuals who have a business need consistent with the reason the information was provided. In addition, BRP employs generally accepted information security techniques, such as firewalls and access control procedures, to protect personal information against loss and unauthorized access.
Where we use service providers who might have access to your Personal Information, we require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to maintain the confidentiality and security of your Personal Information and to prevent it from being used for any other purpose.
International transfers of personal data
When sharing data with third parties in accordance with this Privacy Policy, your Personal Information may be transferred to countries where data protection laws may provide a lower standard of protection for your Personal Information than your jurisdiction of residence including the United States. We take great care in protecting your Personal Information and have put in place adequate mechanisms to protect it when it is transferred internationally. We will transfer your Personal Information in compliance with applicable data protection laws and will implement suitable safeguards to ensure that your Personal Information is adequately secured in accordance with all applicable laws. Please note that when your Personal Information is transferred outside your country of residence, it will be subject to the laws of the jurisdiction in which it is situated.
For personal data involving European Union citizens, transfers of personal data outside the European Union will be carefully reviewed prior to the transfer to ensure that they fall within the limits imposed by the General Data Protection Regulation 2016/679. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
10. LINKS TO THIRD-PARTY SITES
Our websites may offer links to third-party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. BRP is not responsible for how such third parties collect, use, or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.
11. PROTECTING THE PRIVACY OF CHILDREN
BRP’s websites are not targeted to or intended for use by children. We do not knowingly collect Personal Information from children under the age of 16. Children under 16 years of age should not register nor provide BRP with any personally identifiable information without the consent of a parent or legal guardian.
12. CHANGES TO THIS PRIVACY POLICY
BRP reserves the right to modify this Privacy Policy at any time without notice. The Privacy Policy posted via this website shall be deemed to be the Privacy Policy then in effect and the date at the top of the Privacy Policy will be updated to reflect the date of effectiveness. We recommend that you check this website from time to time to inform yourself of any changes in this Privacy Policy.
13. YOUR RIGHTS OVER YOUR PERSONAL INFORMATION
You can ask BRP what Personal Information we hold about you, and you can ask us to correct it if it is inaccurate.
You can ask us to stop sending you commercial communications.– The simplest way to do so is to withdraw your consent, which you can do at any time, either by clicking the unsubscribe link at the end of any newsletter and commercial communications, or by emailing, writing or telephoning us using the contact information below. Please note however that when you do so, you are withdrawing your consent from receiving commercial communications from BRP but you might still continue to receive commercial communications from the dealerships and distributors, who have their own independent consent management.
You can ask us to completely stop processing your Personal Information, and/or to erase it from our database. Please note that any request to stop the processing of your Personal Information or to be erased from our database will not be applicable when BRP has the obligation to communicate with you for health or safety related matter, such as safety recall or warranty matters regarding your BRP product(s).
For any of your request, BRP may require relevant information or details in order to properly authenticate you.
You can help us maintain the accuracy of your Personal Information by notifying us of any changes to this information. In the event that you have any questions about BRP’s Privacy Policy or a complaint about our use of your Personal Information, including our use of service providers outside your jurisdiction of residence you may contact our Privacy Officer in any of the following ways:
E-mail: privacyofficer@brp.com
MAIL: Bombardier Recreational Products Inc.
Attention: Legal Services
726, St-Joseph Street
Valcourt, Quebec
J0E 2L0
Canada
We are committed to working with you to obtain a fair resolution to any complaint or concern you may have about our use of your Personal Information. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to lodge a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority.
Effective Date: 06/12/2020
Last Updated: 06/12/2020
Privacy Notice for California Residents
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in our Privacy Policy above and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect the following categories of Personal Information as indicated with a “yes” below:
Category
|
Whether we collect it or not?
|
Examples
|
Category A – Identifiers
|
Yes
|
A real name, IP address, postal address, email address, social security number, driver’s license number or other similar identifiers
|
Category B – Personal Information as defined in the
California Civil Code Section 1798.80(e)
|
Yes
|
A name, signature, contact information such as address and telephone number, employment, employment history, or financial information
But we do not store any payment or credit card information. We only use payment information in connection with purchases of BRP products.
|
Category C – Characteristics of Protected Classification under California or federal law
|
Yes
|
We have access to age brackets and gender information on an aggregated basis through Google Analytics, which we use for statistical purposes
|
Category D - Commercial information
|
Yes
|
Transaction information, purchase history such as records of vehicles, product or services purchased or other purchasing or consuming histories or tendencies, financial details and payment information.
But we do not store any payment or credit card information. We only use payment information in connection with purchases of BRP products.
|
Category E - Biometric information
|
No
|
Fingerprints and voiceprints
|
Category F - Internet or other electronic network activity information
|
Yes
|
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
|
Category G - Geolocation data
|
Yes
|
Device location
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Category H - Audio, electronic, visual and similar information
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Yes
|
Service call recordings, images and 3D models created in connection with our business activities
|
Category I - Professional or employment-related information
|
Yes
|
Occupation, job title, or professional association membership information
|
Category J - Education information
|
Yes
|
Education level on the basis of postal codes
|
Category K - Inferences drawn from any of the Personal Information listed above
|
Yes
|
To create a profile or summary about, for example, an individual’s preferences and likelihood to purchase our vehicles, products or services
|
We collect the categories of Personal Information listed above from you and from other categories of sources, which sources are further detailed in the section “WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT” of our Privacy Policy.
Use of Personal Information
We may use this Personal Information to accomplish our business purposes and objectives, as further described in the section “HOW DO WE USE YOUR PERSONAL INFORMATION” of our Privacy Policy.
Sharing Personal Information
We may disclose the Personal Information we collected on you to a limited range of third parties. We refer you to the section “HOW DO WE SHARE YOUR PERSONAL INFORMATION” of our Privacy Policy for more details.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
· Category A: Identifiers.
· Category B: California Customer Records personal information categories.
· Category F: Internet or other similar network activity.
Sales of Personal Information
We do not sell your Personal Information to third parties for their commercial purposes, except when you specifically allow us to do so.
In the preceding twelve (12) months, we have not sold any Personal Information. Please also note that any third parties who would purchase the Personal Information we hold, would be prohibited from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
Your Rights and Choices
You have certain rights regarding your Personal Information, as described in the section “YOUR RIGHTS OVER YOUR PERSONAL INFORMATION” of our Privacy Policy. Under the CCPA, you also have the specific rights described below:
(a) Right to request that we disclose to you:
(i) the categories of personal information we collected about you and the categories of sources from which we collected such information;
(ii) the specific pieces of personal information we collected about you;
(iii) the business or commercial purpose for collecting Personal Information about you; and
(iv) the categories of personal information about you that we shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such information in the preceding 12 months.
(b) Right to request that we delete (and direct our service providers to delete) Personal Information we collected from you subject to certain exceptions. We may deny your deletion request in certain circumstances, including for health or safety related matters, such as safety recall or warranty matters regarding your BRP product(s), in order to comply with a legal obligation or as otherwise provided for in the CCPA.
(c) Right to not be discriminated against in pricing and services because you exercise any of your rights under the CCPA. BRP does not offer financial incentives or price or service differences to consumers in exchange for the retention or sale of a consumer’s personal information.
(d) Right to direct us not to sell your Personal Information at any time (the “right to opt-out”).
Exercising Your Rights
You can exercise your rights described above, by submitting a verifiable consumer request to us either:
· by email at privacyofficer@brp.com; or
· by calling us at 1-888-272-9222.
To exercise the right to opt-out, you may submit a request to us by clicking here: Do Not Sell My Personal Information. Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sales.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may be required to submit proof of your identity for these requests to be processed as a verifiable consumer request and we may not be able to comply with your request if we are unable to confirm your identity or to connect the information you submit in your request with Personal Information in our possession.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. We will respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Changes
We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Privacy Policy including this Privacy Notice on our websites and update the effective date identified at the top left of this Privacy Notice. Your continued use of our websites following the posting of changes constitutes your acceptance of such changes.