Privacy Policy

Effective Date: November 1, 2024

Last Updated: January 1, 2020

 Smartbaits Inc. (together with its divisions and brands, collectively, "Smartbaits," "we," "us," or "our," as the context may require) provides the Site(s) where this Privacy Policy (this "Policy") appears (collectively, the "Site"). This Policy describes our privacy practices for the Site, including the types of information we may collect from you when you visit the Site and our practices for collecting, using, protecting, and disclosing that information. We respect the privacy of the users of the Site ("you" or "your," as the context may require) and we are committed to respecting your privacy and the security of your personal information through compliance with this Policy. 

Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using the Site, you agree to this Policy and our Terms of Use (collectively the "User Terms"). If you do not agree with our policies, practices, or terms and conditions contained in the User Terms, you may not visit, access, use or otherwise interact with the Site.

This Policy and the User Terms may change occasionally (see Section 11 (How to Contact Us)). Your continued use of the Site after we revise this Policy or the User Terms means you accept this Policy or User Terms as amended, so please check this Policy and the User Terms periodically for updates.

  1. The Interactions this Policy Covers

This Policy describes our practices with respect to and applies exclusively to personal information (as defined below) that we collect on or in connection with the Site and in texts, emails, and other electronic communications sent through or in connection with the Site. Except as otherwise provided in this Policy or as required by applicable law, this Policy does not apply to information that is collected by any application, website (other than the Site), or third party, including through any application or content that may access, be linked to or otherwise be accessible from the Site.

Except as otherwise provided in this Policy, when used in this Policy, "personal information" mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you; provided that "personal information" shall not include information which is generally not considered "personal information" under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations, such as "protected health information" covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or information not otherwise considered "personal information" under applicable law. 

  1. Children's Privacy

The Site is not directed to nor intended for use by children under sixteen (16) years old ("Prohibited Users"). We do not knowingly collect personal information from Prohibited Users. Prohibited Users are not authorized to use the Site. If you are a Prohibited User, do not use or provide any personal information to, on, or through the Site. If we learn we have collected or received personal information from a Prohibited User, we will delete that information. If you believe we might have any information from or about a Prohibited User, please contact us by any of the methods listed below.

  1. Information We Collect

We collect several types of information from and about you as a result of your use of the Site and your communication with us. This information may include:

Personal Information, such as your name, postal address(es), billing address(es), email address, telephone number, billing information (such as credit card information) and, in some cases (such as when you provide this information in response to a survey or registration form) age, gender, and product preference information.

Information that is about to or relates to you, but is not personal information and which does not identify you, such as information about your internet connection, the equipment you use to access the Site, and usage details.

Any other form or category of information, including personal information, which you disclose or share on the Site, or disclose to or share with us in any manner.

We may collect personal information from and about you:

Directly from you when you provide it to us;

Automatically when you use or access the Site; and to the extent permitted by applicable law, from third parties (such as our service providers).

  1. How We Collect Personal Information From You

The personal information we collect directly from you when you use or access the Site may include:

Personal information that you provide by filling in forms on the Site making an account on the Site, or otherwise connecting with us via the Site (e.g., by placing an order). This includes information provided at the time of registering to use the Site, placing an order, posting material, or requesting further information, products, or services. We may also ask you for information when you report a problem with the Site.

Records and copies of your correspondence (including email addresses), if you contact us.

Your responses to surveys that we might ask you to complete.

Details of transactions you carry out through the Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Site.  Shopify Payments is a Credit Card and cloud-based payment processing service provider.  For more information, you can read Shopify’s Privacy policy at (https://www.shopify.com/legal/privacy).

Information you provide to us in a resume, application, email, or other communication in connection with an application for, indication of interest in, or inquiry regarding employment with us.

Your search queries on the Site.

Any other personal information which you provide on the Site or otherwise directly to us.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. 

  1. Automatically

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including (i) details of your visits to the Site, including traffic data, location data, logs, and other communication data, as well as the resources you access and use on the Site; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type. We use cookies and may use also use other online tools such as "pixel tags," as described below, when you interact with the Site.

The Site does respond to "do not track" browser signals or any other mechanism which automatically communicates your choice not to be tracked online. The Site does use automatic technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Section 7 (Your Privacy Choices) for more information on mechanisms that enable consumers to exercise choice about behavioral tracking. 

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. Information we collect automatically helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.

Store information about your preferences, allowing us to customize the Site according to your individual interests.

Speed up your searches.

Recognize you when you return to the Site.

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. 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 the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

Web Beacons. Pages of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain content and verifying system and server integrity).

 

Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see

 

Choices About How We Use and Disclose Your Information.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

  1. From Third Parties

 

We may also receive personal information or draw inferences about you from other sources, including service providers who collect or process information on our behalf.

Some content or applications on the Site may be served by third parties. These third parties may use cookies and other tools to collect information about you when you use the Site. 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. For information about how you can opt out of receiving targeted advertising from many providers, see Section 7 (Your Privacy Choices).

This Policy does not cover the privacy practices of any third parties or of websites other than the Site, and please be aware that Smartbaits does not claim any responsibility for the privacy practices of third parties or of websites other than the Site, including those third parties or websites that we may receive information from or that the Site may link from or to. If you have any questions about a third party or their privacy practices, you should contact the third party directly.

  1. How We Use Your Information

We may use the personal information that we collect about you or that you provide to us:

To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

To provide, support, personalize, and develop the Site, and to provide our products and services to you.

To create, maintain, customize, and secure your account and to provide you with notices about your account and/or orders with us.

To process your requests, purchases, transactions, and payments and prevent transactional fraud.

To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

To help maintain the safety, security, and integrity of the Site, as well as our products, services, databases and other technology assets.

To provide you with information, products, or services that you request from us.

To fulfill any other 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 the Site or any products or services we offer or provide though it.

To identify your product and service preferences. To customize our communications to you.

ANY OTHER USES FOR PERSONAL INFORMATION RELEVANT TO SMARTBAITS'S BUSINESS

To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

To provide information concerning product recalls or products you have purchased.

To help maintain the safety, security, and integrity of the Site.

For testing, research, analysis, and product development, including to develop and improve the Site, as well as our merchandise selection, customer service, products and services.

To respond to law enforcement requests and, as required by applicable law, court order or governmental regulations.

To evaluate, negotiate, or conduct a merger, divestiture, restructuring, reorganization, dissolution, other sale or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users, customers, and/or suppliers is among the assets transferred.

Provide you with the Site, its contents, and any other information, products, or services that you request from us.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

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

We may also use your information to contact you about our goods and services that may be of interest to you or the entity you represent. If you do not want us to use your information in this way, please see Section 7 (Your Privacy Choices). We do not use your personal information for marketing goods or services of non-affiliated third parties.

  1. Disclosure of Your Information

We may disclose personal information that we collect about you or that you provide to us: 

To our subsidiaries and affiliates.

To our contractors and 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 which we disclosed it to them. For example, we contract with third parties to provide us certain services, including email services, payment processing, inventory management, advertising, and other ecommerce providers.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users 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.

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

To enforce our rights arising from any contracts entered into between you and us, and for billing and collection. 

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Smartbaits, our customers or others.

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

 

  1. Your Privacy Choices

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:

 

Tracking Technologies and Advertising.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

 

Promotional Offers from Us.

If you do not wish to have your contact information used by the us to promote our own products or services, you can opt-out of such communications by revising your profile by unchecking the boxes for opt-in communications. You may also click the “unsubscribe” link at the bottom of any email opt-in communication you receive from us and follow the instructions provided therein. If we have sent you a promotional email, you may also send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Smartbaits as a result of a product purchase, warranty registration, product service experience or other transactions. 

Accessing and Correcting Your Information.  

You can review and change your personal information by logging into the Site and visiting your account profile page. You may also send us an email at sales@smartbaits.com 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 the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Site. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Use.

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. 

  1. Jurisdiction Specific Notices 

TBD

  1. Security 

We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline. The safety and security of your information also depends on you. Where you have a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.  We urge you to be careful about giving out personal information in public areas of the Site such as product reviews or comments. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

  1. Changes to this Policy

It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat your personal information, we will notify you through a notice on the Site's home page. The date this Policy was last revised and/or reviewed is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting the Site and this Policy to check for any changes. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

  1. How to Contact Us

For questions, comments or assistance, we invite you to contact us. To ask questions or comment about this Policy, our privacy practices, or privacy-related issues, please contact us:

Via mail:

Smartbaits Inc.
PO BOX 596
105 Strowger Blvd.
Brockville, ON K6V 5V7

Via email at: 

sales@smartbaits.com

Via phone at:   

1-844-872-7417

If you are a Data Subject and feel we have not resolved a privacy concern related to personal information processed or transferred by Smartbaits, you have the right to submit a complaint to a supervisory authority.