Privacy Policy

We care about your privacy Smith Safety Group is compliant with privacy regulations. We will not sell or share your personal information to a third party except:
(i) as authorized by you;

(ii) as described in the relevant portion of Smith Safety Group’s Website (the “Website”);

(iii) in connection with providing you with the products and/or services you order (the “Products”);

(iv) in connection with arranging any financing that you require for buying the Products;

(v) to the extent you make any use of any of Smith Safety Group’s loyalty programs, to merchants with which Smith Safety Group has a business relationship for the fulfillment of loyalty rewards;

(vi) as may be required by law or court order; or

(vi) as otherwise set forth in this Privacy Policy or the Smith Safety Group’s Terms of Use.

This Privacy Policy describes the standards we adhere to in handling information about you and any personal information you submit through the Website or in any other way.

Please read this privacy policy carefully before submitting any information to Smith Safety Group.

By submitting any information you are acknowledging that you have read and understand this policy and that you agree to be bound by its terms.

If you do not agree to be bound by the terms of this privacy policy, simply exit this page without accessing or using any Smith Safety Group’s services.

Children are not eligible to purchase our Products and Smith Safety Group will not knowingly collect personal information from or about children.

1.About Smith Safety Group

Smith Safety Group operates a website located at www.smithsafetygroup.ca through which it sells Products.

2.Information We Collect

You may be asked, when visiting the Website, to enter personal information.

This information could include your name, address, delivery address, email address, phone number, credit card information, birthday, social insurance number, and information respecting your preferences concerning our Products and their financing.

When you use the Website, Smith Safety Group automatically receives and records information on our server logs from your browser or mobile platform, including your IP address and location.

Smith Safety Group also collects and uses information such as transaction location, purchase activity, browser open date and time, idle time, and all clicks and/or swipes within the website (together with time and order).

Smith Safety Group may also collect information posted by users on social media sites for users that have opted to connect to or otherwise link Smith Safety Group with social media accounts such as LinkedIn, Facebook and Twitter.

We treat this data as non-personal information for purposes of providing the products, except where we are required to treat it as personal information under applicable law.

Smith Safety Group may sell, disclose or otherwise use information gathered on the Website to third parties on an aggregated (anonymous) basis.

So that Smith Safety Group can ensure that we are providing the best possible experience on the Website, we collect and track certain user information.

When you visit the Website, our Web server may send a cookie to your computer.

This cookie will store a limited amount of information about your Website visit and tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc.

These cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the site.

When you submit a question, we store your cookie identification in our system.

This cookie allows our site to recognize you when you return.

Smith Safety Group may also utilize Web Logs to track aggregate information such as the number of visitors to the Website, operating systems, Internet Provider addresses (if publicly available), and browser type.

Unlike cookies, Web Logs are maintained only on Smith Safety Group servers and do not store or place anything on the user’s computer.

If you come to our Website from an online banner ad, an anonymous identification number may be passed to the Website.

This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.

Smith Safety Group may also collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).

When you use the Website, we may collect and process information about your actual location. We may also use various technologies to determine location, some of which may be made available through third party licensors.

You may have the option of completing an online survey at the Website from time to time.

Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us in connection with any such survey.

We may collect information via the “Contact Us” section of the Website.
You may contact Smith Safety Group through the “Contact Us” feature.

Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.

3.How Your Information Is Used

We use the information you give us to provide the Products and financing for the Products to you, either directly or through third party service providers, as further described in this Privacy Policy.

Some of our Products may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work.

In order for us to provide these Products to you, it may be necessary for us to share your personal information with them.

These parties are not allowed to use personally identifiable information except for the purpose of providing the Products and the financing for the Products.

If you do not want your data to be shared, you can choose not to purchase the Products and/or not to obtain, through the Website, financing for the Products.

Please note that if you need financing to buy a Product, but are unwilling to provide the personal information needed to process the financing for the Product, you will not be able to obtain the financing through the Website and, accordingly, you may not be able to buy the Product.

Please take note that we are obliged to collect personal information for purposes of providing you with financing for the Products.

That personal information may come from you exclusively, or may be obtained from third parties, such as credit rating agencies, or may come from both you and such third parties.

In addition to the uses of the information described above, Smith Safety Group may, from time to time, collect purchasing information and/or data from other sources.

Smith Safety Group may collect this information for purposes of performing analytics and conducting consumer research.

This information may be used to communicate and provide additional information that may be of interest to you and our merchants.

In addition, Smith Safety Group may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interfering with Smith Safety Group’s rights or property, other Website users or anyone else who could be harmed by such activities.

4.Altering Information You Submit

(a) In order to comply with applicable laws and regulations, we may be unable to delete information from our databases. However, Smith Safety Group may alter, modify or delete any information you submit to the Website if we believe, in our sole discretion, that it is necessary or desirable to do so.

(b) Smith Safety Group compliance with Canada’s Anti-Spam Legislation. You may request to stop receiving emails from us by using the “unsubscribe” mechanism in our emails.

Even then, we may still get in touch with you by email if we learn of a Product recall that is relevant to you.

If you provide your consent, periodically (until you withdraw your consent), Smith Safety Group may send you emails to alert you to various opportunities or offers available at the Website.

If you do not wish to receive any of these offers, please unsubscribe to remove yourself from our general mailing list.

Smith Safety Group uses security technology to protect your data and the data transmissions between you and Smith Safety Group. Transmission between browsers and our web server is implemented using either Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser.

Although Smith Safety Group has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Smith Safety Group cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Changes to Privacy Policy

If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will post such change at the Website and such change will be deemed to be effective 2 days from the date of such posting. In that case, your ability to opt out of the new policy will be determined by applicable laws

Business Transfer

We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party.

Your personally identifiable information and other information we obtain from you via the Website may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.

We will comply with applicable laws to protect your privacy in the course of any such transaction.

Acceptance

If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Website.

By using the Website and voluntarily providing information to us, you consent to our collection and use of the information as set forth in this Privacy Policy

Links

The Website may contain links to other websites or applications that are owned and operated by third parties that are not affiliated with us.

When you use those links, you leave the Website and we are unable to control how the owners of those websites or applications you link to handle any information they gather about you, including their privacy practices and use of cookies.

This Privacy Policy applies only to the Smith Safety Group Website and does not govern activities on linked websites or applications.

We encourage you to review the privacy policy of any other website or application you visit, download or access to understand its owner’s practices on how it collects, uses and discloses your information.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

GENERAL SITE TERMS

These General Website Terms govern all visits to and/or any use of any portion of the website located at www.smithsafetygroup.ca (the “Website”) and/or any affiliated websites.

All information, images, designs and/or content posted at the Smith Safety Group website from time to time are owned solely and exclusively by Saphyr Point Inc., and may not be accessed or used in any way except to the extent explicitly set forth in these General Website Terms.

You may not use any page-scrape, deep-link, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which is intended to approximate any of the foregoing actions, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Smith Safety Group Website or take any action in respect of merchants and/or other company information listed at the Smith Safety Group Website from time to time.

You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Smith Safety Group Website or any merchant information for any purpose without our express written permission.

You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the content of this Website for public or commercial purposes without our express written permission. Nothing on this Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our Website, including without limitation, any service or product Smith Safety Group offers.

You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers or otherwise inhibits the full display of the Smith Safety Group Website.

You may not use the Smith Safety Group Website in any way which depletes web infrastructural resources, slows the transferring or loading of any web page or interferes with the normal operation of our Website.

You may not upload or transmit to the Smith Safety Group Website any software, program or file that may damage the operation of any computer or the Smith Safety Group Website, including without limitation, viruses or corrupt files.

You may not disguise the origin of information transmitted to, from, or through the Smith Safety Group Website. You may not circumvent any measures implemented by Smith Safety Group aimed at preventing violations of these General Website Terms. You may not violate the restrictions in any robot exclusion header.

When you use the Smith Safety Group Website or any information included therein for an authorized purpose, you must not delete any proprietary notices or change, hide or delete them.

Smith Safety Group makes no representations or warranties regarding any content or information posted at the Smith Safety Group Website from time to time, including as to whether or not such content or information is accurate.

The Smith Safety Group Website uses the Google AdWords remarketing service to advertise on third party websites (including Google and Facebook) to previous visitors to the Smith Safety Group Website.

We may, in connection with the foregoing, advertise to previous Website visitors, some of whom may not have completed any tasks on the Website (e.g. using contact forms to make an inquiry).

Such remarketing may be in the form of an advertisement on one or more Google search results pages, or various websites in the Google Display Network.

Third party vendors, such as Google, use cookies to serve advertisements based on an Internet user’s past visits to the Smith Safety Group Website.

Other Terms

These Terms of Use (this “Agreement”), which is a legal agreement between you (“You” or “you”) and Saphyr Point Inc., an Ontario corporation (“Smith Safety Group”), shall govern Your use of and access to the Website (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Website, You

(a) accept this Agreement and agree to be bound by each of its terms, and

(b) represent and warrant to Smith Safety Group that

(i) You are at least 18 years of age and have the authority to enter into this Agreement,

(ii) this Agreement is binding and enforceable against You,

(iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and

(iv) You have read and understand Smith Safety Group’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.

Smith Safety Group may amend this Agreement from time to time, each of which amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website.

You should check the Website regularly to ensure You remain current on the terms and agreements set forth herein.

1.Purpose.

The purpose of this Agreement is to set forth the terms and conditions under which, among other things,

(i) Smith Safety Group will sell you certain products and services (“Products”),

(ii) Smith Safety Group may arrange financing for the Products You buy,

(iii) You can access and/or use the Website (collectively, the “Purpose”) and

(iv) You can avail yourself of Smith Safety Group’s rewards programs from time to time.

As stipulated elsewhere in this Agreement, Smith Safety Group does not exert any control over any merchants, retailers, lenders, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.

2.Certain Restrictions.

You shall not directly or indirectly copy or reproduce all or any part of the content of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization.

You shall use the Website solely for the Purpose.

You shall not use the Website to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information

(a) in violation of any applicable law, statute, ordinance or regulation;

(b) in a manner that will infringe the intellectual property rights of others;

(d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(e) that is false, misleading or inaccurate in any way; or

(f) in violation of the any acceptable use policy or other policy posted at the Website from time to time.

You shall not violate or attempt to violate the security or tamper with the functionality of the Website.

3.Certain Responsibilities.

You shall be solely responsible for:

(i) all information you input into the Website;

(ii) ensuring that all Products you order are appropriate to your needs; providing accurate and truthful information to entities that offer you financing for the Products;

(iii) complying with all applicable laws, rules and regulations at all times; and

(iv) maintaining all passwords and access codes to the Website, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Website.

4.Smith Safety Group Rights.

Smith Safety Group shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Website or Your Smith Safety Group account for any reason.

Notwithstanding the foregoing, Smith Safety Group shall not be required to review or monitor any information submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.

5.Term and Termination.

This Agreement shall continue in full force until the earlier to occur of (i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Website), or (ii) Smith Safety Group electing to terminate Your access to the Website, with or without notice (the “Term”). For purposes of clarity, You are entitled to terminate your Smith Safety Group account at any time.

Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Website or any other non-public portions of the Website.

In addition to the foregoing, in the event that Smith Safety Group determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any Smith Safety Group policy in effect from time to time or otherwise failed to observe this Agreement, Smith Safety Group shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Website, in each of the foregoing cases at any time and for any period of time.

6.Intellectual Property.

(a) General Ownership.

Smith Safety Group is the sole owner of the name “Smith Safety Group” as well as the Website and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein.

All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to Smith Safety Group regarding the Website shall, upon submission to Smith Safety Group, be owned solely and exclusively by Smith Safety Group.

You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers’ license, if any, of such third party software to Smith Safety Group.

(b) Use of Your Information.

In exchange for Your use of the Website and/or the Application, and subject to the Privacy Policy, You hereby grant to Smith Safety Group the right to use your information for the Purposes.

7.Confidentiality; Non-Solicitation.

You agree to treat as confidential all confidential information of Smith Safety Group, not to use such confidential information for any purpose other than to the limited extent necessary to use the Application and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this agreement and subject to confidentiality obligations at least as protective as those set forth herein.

Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Smith Safety Group, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.

In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of Smith Safety Group to terminate employment with Smith Safety Group or to become employed by or enter into contractual relations with any other individual or entity.

8.Disclaimers.

(a) No Warranties.

Except as explicitly set forth herein, neither Smith Safety Group, its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation,

(a) warranties of merchantability or fitness for a particular purpose,

(b) that the Website will be error-free,

(d) as to the results that may be obtained by You by entering into this Agreement. You agree and acknowledge that the Website is provided hereunder on an “as is” and non-exclusive basis. In addition, You hereby agree and acknowledge that:

(i) Smith Safety Group shall not be responsible for any actions taken by any other party (including any financing entity involved in financing Products) using or reviewing any of Your information;

(ii) Smith Safety Group does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party;

(iii) Smith Safety Group is not a provider of warranty services in connection with products you buy, and therefore you must deal directly with the manufacturer or provider of the products for warranty services;

(iv) Smith Safety Group is not responsible for any other party’s compliance with applicable laws, rules or regulations;

(v) Smith Safety Group’s services are administrative in nature and Smith Safety Group is not responsible for ensuring that any third party honor any reward, loyalty or other obligations such third party may have towards You;

(vi) and (vii) the Website may not function properly or as intended at times.

(b) Unavailability of Website.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and the Website.

While it is Smith Safety Group’s objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.

In addition, various portions of the Website may operate slowly from time to time.

You understand and acknowledge that due to circumstances both within and outside of the control of Smith Safety Group, access to the Website may be interrupted, suspended or terminated from time to time.

In particular, and not in limitation of the foregoing, Smith Safety Group shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You.

You agree that Smith Safety Group shall not be liable for any damages arising from any such interruption, suspension or termination of the Website and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the website.

9. Limitation on Liability.

Smith Safety Group shall not, under any circumstances, be liable to you or anyone else claiming through you for any special, incidental, indirect, punitive or consequential damages, including, but not limited to, lost profits or data, arising out of this agreement or your use of the Website, whether based in contract, tort or any other legal theory, even if advised of the possibility of such damages. In any event, Smith Safety Group’s total liability to you for any claim arising hereunder or related hereto shall not exceed the amount of purchases actually paid by you and involved in the alleged damages plus the sum of $50.

10. Force Majeure.

Smith Safety Group shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

11. Notice.

You may provide Smith Safety Group’s Agent for Notice with the following information in English (Your “Notice”):
(i) your electronic or physical signature or that of the person authorized to act for You;

(ii) a description of the subject matter of Your Notice;

(iii) your address, telephone number, and email address;

(iv) the subject matter of your Notice.

12. Applicable Law.

This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
The courts of the Province of Ontario shall have exclusive jurisdiction to hear and determine any disputes between You and Smith Safety Group.