Privacy Policy

DATE: August 17, 2022

Introduction 

Smittys Canada Inc. respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes the types of information Smittys Canada Inc. (“SCI” or “We”) may collect from you or that you may provide through use of www.smittys.ca, our applications, and other online services that link to this Privacy Policy (collectively our “Sites”). It describes our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This Privacy Policy applies to information we collect: 

• On this Website; 
• In email, text, and other electronic messages between you and this Website; 
• Through mobile and desktop applications you download from this Website or other websites, which provide dedicated non-browser-based interaction between you and this Website; and 
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy. 

It does not apply to information collected by: 

• Us offline or through any other means, including on any other website operated by, or any third party (including our affiliates); 
• Our franchisees through websites they operate; or 
• Any third party (including our affiliates), including through any application or content (including advertising) that may link to or be accessible from our Sites. 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites. By accessing or using our Sites, you agree to this Privacy Policy. Your continued use of our Sites after we make changes is deemed acceptance of those changes. 

Children Under the Age of 13 

We do not knowingly or intentionally collect personal information from children under 13. If you are under 13, do not use or provide any information on our Sites, register as a user, make any purchases through our Sites, use any of the interactive or public comment features of our Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at info@smittys.ca   

Information We Collect About You and How We Collect It 

We collect information from and about users of our Sites, including information: 

• By which you may be personally identified, such as name, address, e-mail address, telephone number, social media name, birthday, or any other identifier by which you may be contacted online or offline (“personal information”). 

We collect this information: 

• Directly from you when you provide it to us. 

Information You Provide to Us 

The information we collect on or through our Sites may include: 

• Information that you provide by filling in forms on our Sites. This includes information provided at the time of registering to use our Sites, posting material, or requesting further services. We may also ask you for information when you enter a contest, or promotion sponsored by us, when you participate in a survey, or when you report a problem with our Sites. 
• Location data.
• Records and copies of your correspondence (including email address), if you contact us. 
• Your responses to surveys that we might ask you to complete for research purposes. 
• Your search queries on the Sites. 

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of our Sites or transmitted to other users of our Sites or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users of our Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. 

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Sites, we may use automatic data collection technologies. The information we collect automatically does not include personal information. 

The technologies we use for this automatic data collection may include: 

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites. 

Third-Party Use of Cookies and Other Tracking Technologies 

Some content or applications, including advertisements, on the Sites are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

Location and Location Services

We or our vendors may collect the geolocation (which may include specific longitude and latitude) of your mobile device based upon information identified by your mobile device by, for example, accessing your devices location services, when you allow such access, or by WiFi signals, beacons, Bluetooth or near field communication protocols. We may use and share your mobile device’s geolocation together with personal information or other information to identify your local Smitty’s restaurant, to provide you with personalized notifications or messaging (for example, that you have a reward available) by email, push notification, online or in-app advertising, or by other means described in this Privacy Notice. See “Opt-Out Choices” section below to opt-out of location collection. If you choose to opt out of location collection, certain functionality of SCI’s online services may not be available.

How We Use Your Information 

We use information that we collect about you or that you provide to us, including any personal information: 

• To present our Sites and content to you. 
• To provide you with information, products, or services that you request from us, or to respond to requests or comments from you. 
• To fulfill any purpose for which you provide it. 
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. 
• To notify you about changes to our Sites or any products or services we offer or provide though it. 
• To allow you to participate in interactive features on our Sites, including online ordering, contests, surveys, employment applications, comment forms, or any other online or mobile interactive activities. 
• In any other way we may describe when you provide the information. 
• For any other purpose with your consent. 

Disclosure of Your Information 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or that you provide as described in this Privacy Policy: 

• To our affiliates. 
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. 
• To a buyer or other successor in the event of a merger or other sale or transfer in which personal information held by SCI about users of our Sites is among the assets transferred. 
• To fulfill the purpose for which you provide it. 
• For any other purpose disclosed by us when you provide the information. 
• With your consent. 

We may also disclose your personal information: 

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request. 
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes. 
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SCI, our customers, or others. 

Choices About How We Use and Disclose Your Information 

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Cookies.You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Sites may then be inaccessible or not function properly. 
• Promotional Offers from SCI. If you do not wish to have your contact information used by SCI to promote our own products or services through our Sites, you can opt-out in the App by adjusting your user preferences in your account profile by checking or unchecking the relevant boxes. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. 

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. 

Accessing, Correcting, or Deleting Your Information 

OPT-OUT CHOICES

You may opt out of certain targeted marketing practices in web browsers and mobile applications by following the instructions below. Please note that you will need to opt out separately on all of your browsers and devices, as each opt-out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again. Note that some third parties may also make their own opt-out process available. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about SCI, but the ads will not be targeted based on behavioral information about you.

• Mobile Application Opt-Out. To opt out in mobile apps, adjust the advertising preferences on your mobile device. For example, to adjust your advertising preferences in iOS, visit the tracking and advertising settings within the Settings functionality of your mobile device; to adjust your advertising preferences in Android, visit the opt-out of interest-based ads settings within the Settings functionality of your mobile device. You can also use the settings within your device to opt out of or turn off push notifications. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. 
• Location Opt-Out. Most mobile devices allow you to control whether a website or mobile application is allowed to collect your specific longitude and latitude information. For example, Google and Apple provide the following links to instructions on how users can disable location services.
  • For Android devices: https://support.google.com/accounts/answer/3467281?hl=en
  • For iPhones: https://support.apple.com/en-us/HT207092

You can review and change your personal information by logging into the App and visiting your account profile page. You may also send us an email at info@smittys.ca to request access to, correct, or delete any personal information that you have provided to us. 

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. 

If you delete your User Contributions from our Sites, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of our Sites. Proper access and use of information provided on our Sites, including User Contributions, is governed by our Terms of Use. 

Changes to Our Privacy Policy 

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting this page to check for any changes.