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Privacy & Cookies Policy

Privacy and Cookies Policy

Tomlinson Privacy and Cookies Policy

R.W. Tomlinson Limited (“Tomlinson”, “we”, “our” and “us”) value your privacy and aim to take every possible measure to protect your information at all times in accordance with our obligations under the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation.

This Privacy and Cookies Policy (the “Policy”) explains how we collect, use and disclose your personal information. Please read this Policy carefully to understand our policies and practices for collecting, using, disclosing and retaining your personal information. This Policy covers the following:

  1. How Tomlinson collects your personal information
  2. How Tomlinson uses your personal information
  3. How Tomlinson uses cookies and similar technologies
  4. To whom Tomlinson discloses your personal information
  5. How to access or modify your personal information
  6. How Tomlinson protects your personal information
  7. How Tomlinson handles the personal information of children
  8. Third party service providers or contractors
  9. Links to other websites
  10. How this Policy is updated
  11. How to contact Tomlinson



Personal information” refers to all data you enter into Tomlinson websites that can be used on its own or in combination with other information to identify an individual, including but not limited to your email address.


By using the Tomlinson websites, you agree to this Policy, and when you submit any of your details or personal information, you are agreeing that you accept the manner in which we state we will use those details.

In most cases and subject to legal and contractual restrictions, you are free to withdraw your consent at any time upon reasonable, advance notice. It should be noted that in certain circumstances, our products and services can only be offered if you provide your personal information to Tomlinson. Consequently, if you choose not to provide us with the required personal information, we may not be able to offer you these products and services. We will inform you of the consequences of the withdrawal of consent.

  1. How Tomlinson collects your personal information

Information may be collected when you use certain components of our websites, but we will always warn you first. All information will be securely transmitted to our servers, where it is held. Only we have access to this information.


1.1 Information collected by Tomlinson

(a) Personal information you submit directly: Tomlinson services allow you to create accounts or profiles. You may be requested to provide account information, such as your name, email address, mailing address, phone number, product information, time of purchase, method of payment and password.  In addition, Tomlinson may collect any personal information that you may choose to post on any live-feed or social media associated with the Tomlinson websites (such as through a discussion board or other public forum).

(b) Details about your device and website interactions: We may collect system and application information from your devices, including the device name, system and application versions, regional and language settings, device version, device identification number, geographic location (such as the ID of the area where your device is located), service provider network ID, usage habits and IP address. We may also log your service access times, search query terms and the information stored in cookies on your devices. We may also collect technical information relating to website usage, including the Internet protocol (IP address used to connect your computer to the Internet), your login information, browser type and version, time zone setting, browser plug-in types and versions, and operating system and platform.

(c) Non-personally identifiable details about your website interactions: We may collect information including the full Uniform Resources Locators (URLs), clickstream to, through and from our websites (including date and time), products you viewed and searched for, page response times, download errors, length of visits to certain pages, page interaction information, methods used to browse away from the page, and aggregated statistics, such as the number of visitors to the websites.

1.2 Purposes of collection of information

Tomlinson collects personal information in order to understand how customers use our websites, products and services. This allows us to improve our services to better satisfy customer needs.

Tomlinson may, at its own discretion, collect, use, process, transfer or disclose non-personally identifiable information for other purposes. We endeavour to keep your personal information and non-personally identifiable information separate. If personal information is combined with non-personally identifiable information, it will be treated as personal information.


  1. How Tomlinson uses your personal information

Our use of personal information is limited to the purposes described in this Policy and we do not otherwise sell, trade, barter, exchange or disclose for consideration any personal information we have obtained. We may use your personal information for the following purposes:

(a)       Process your purchase orders;

(b)       Offer technical support;

(c)       Process your requests to subscribe to our newsletters;

(d)       Contact you regarding products and services that may be of interest to you or send you marketing or promotional information with your consent as required by Canada’s Anti-Spam Legislation. If you do not wish to receive promotional information from us, you can opt out at any time by contacting us, or by using the unsubscribe options available within the correspondence;

(e)       Improve our products, services and websites, and ensure our websites remain functioning and secure;

(f)        Provide you with relevant advertisements based on your interests. If you do not wish to see interest-based advertising, you may opt-out by visiting Your Ad Choices at http://youradchoices.ca/choices;

(g)       Generate aggregated statistics or other aggregated data;

(h)       Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, enforce or apply our Terms of Use and other agreements, or to comply with legal requirements;

(i)        Protect the rights, property, or safety or our business, our employees, our customers, or others; and

(j)        Notify you about changes to our websites, products or services.

  1. How Tomlinson uses cookies and similar technologies

Tomlinson may use cookies and other technologies on its websites in order to help us gather statistics about usage and effectiveness, personalize your experience, and offer you advertisements that are tailored to your interests based on your visits to both the Tomlinson websites and other websites.

To opt-out of interest-based advertising from Tomlinson, or to find more information about interest-based advertising, please visit Your Ad Choices at http://youradchoices.ca/choices. The Your Ad Choices opt-out tool allows you to opt-out of any advertising networks participating in the self-regulatory program for online behavioural advertising.

However, these opt-outs will not be effective if your browser is configured to reject cookies, or if you subsequently erase your cookies, use a different computer or change browsers. Please note that even if you opt-out, you will still see advertisements while you are browsing online, but these advertisements may be less relevant to your interests.

3.1 Cookies

Certain parts of our services require cookies, which are small data files that are saved to your device when you visit our websites. The cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide you with better websites, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of our websites.

Adjusting cookie settings on your browser: You may adjust your browser or operating system settings to limit this tracking or to decline cookies. However, by doing so, you may not be able to use certain features of our websites or services or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. For more information, see www.AboutCookies.org. You can clear all cookies stored on your computer and most web browsers can be configured to block cookies. However, if you do so, you may have to manually adjust your user settings every time you visit our websites.

3.2 Web beacons and pixel tags

We may also use other similar technologies such as web beacons and pixel tags on our websites. Web beacons are small graphic images or other programming code (also known as “web bugs”, “1×1 GIFs” or “clear GIFs”) used to keep track of your navigation through the websites and your electronic communication with us. We may include web beacons in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon.

Web beacons may be used for a number of purposes including, without limitation, to count visitors to our websites, to monitor how users navigate the websites, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed. Web beacons may be used to collect certain personal information (for example, the email address associated with an email message).

The inclusion of pixel tags in emails allows us to know if our emails have been opened.

If you do not want your activities to be tracked in such a way, you may unsubscribe from Tomlinson mailing lists at any time.

3.3 Embedded scripts

We may also use embedded scripts. An embedded script is a programming code that is designed to collect information about your interactions with our websites, such as information about the links on which you click. The code is temporarily downloaded onto your device from our web server or a third party service provider. The code is active only while you are connected to our websites, and is deactivated or deleted once you disconnect from the websites.

  1. To whom Tomlinson discloses your personal information

Tomlinson may disclose your personal information to:

(a)       Individuals or organizations who are our advisers, consultants, service providers, or contractors; and

(b)       Individuals or organizations who are, or may be, involved in maintaining, reviewing and developing our systems, procedures and infrastructure including testing or upgrading our computer systems.

4.1 Where disclosure can be made without consent

Please note that there are circumstances where the use and/or disclosure of personal information may be justified or permitted or where Tomlinson is obliged to disclose information without consent. Such circumstances may include:

(a)       Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;

(b)       Where Tomlinson believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;

(c)       Where it is necessary to permit Tomlinson to pursue available remedies or limit any damages that we may sustain;

(d)       Where the information is public as permitted by law;

(e)       Where it is reasonable for the purposes of investigating a breach of an agreement, or actual or suspected illegal activity; or

(f)        Where it is necessary for the purpose of a prospective business transaction if the information is necessary to determine whether to proceed with the transaction or to complete the transaction, or a completed business transaction where the information is necessary to carry on the activity that was the object of the transaction. A “business transaction” includes:

  1. the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;
  2. the merger or amalgamation of two or more organizations;

iii.        the making of a loan or provision of other financing to an organization or a part of an organization;

  1. the creating of a charge on, or the taking of a security interest in or a security on, any assets or securities of an organization;
  2. the lease or licensing of any of an organization’s assets; and
  3. any other prescribed arrangement between two or more organizations to conduct a business activity.

Where obliged or permitted to disclose information without consent, Tomlinson will not disclose more information than is required.

  1. How to access or modify your personal information

Tomlinson endeavours to ensure that any personal information provided and in our possession is as accurate, current and complete as necessary for the purposes for which we use that information. If we become aware that personal Information is inaccurate, incomplete or out of date, we will revise the personal information and, if necessary, use our best efforts to inform third party service providers or contractors which were provided with inaccurate information so that those third parties may also correct their records.

5.1 Access to your personal information

Tomlinson permits the reasonable right of access and review of personal information held by us about an individual and will endeavour to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

5.2 Modification of your personal information

Tomlinson reserves the right not to change any personal information but will append any alternative text the individual concerned believes to be appropriate. Tomlinson will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

5.3 Retention of personal information

We keep your personal information only as long as it is required for the reasons it was collected.  The length of time we retain information varies, depending on the purpose for which it was collected and the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.

5.4 Destruction of personal information

When your personal information is no longer required for our purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.

  1. How Tomlinson protects your personal information

Tomlinson endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. This also applies to our disposal or destruction of personal information. Tomlinson further protects personal information by restricting access to it to those employees that require access to the information in order that we may provide our products and services.

If any officer, employee or volunteer of Tomlinson misuses personal information, this will be considered as a serious offence for which disciplinary action may be taken. If any third party individual or organization misuses personal information obtained solely for the purpose of providing services to Tomlinson, this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Tomlinson and that individual or organization.

A “breach of security safeguards” is defined as the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards or from a failure to establish those safeguards. In case of a breach of security safeguards involving personal information under Tomlinson’s control, we will notify you and the Privacy Commissioner of Canada and/or the appropriate provincial Information and Privacy Commissioner, if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you, including physical, financial or reputational harm. We will also notify any other organization or government institution that can reduce the risk or mitigate the harm from the breach.

  1. How Tomlinson handles the personal information of children

Tomlinson does not knowingly collect the personal information of children. Parental or guardian consent is required in order to allow a minor under the legal age of majority to use Tomlinson’s websites or services.

  1. Third party service providers or contractors

Tomlinson contracts with third party service providers or contractors to provide support services required for the provision of our websites, products and services. Where Tomlinson transfers personal information to service providers or contractors that perform services on its behalf, we will require those third parties to use such information solely for the purposes of providing services to Tomlinson or our users, and to have appropriate safeguards for the protection of that personal information.

Sharing of information with third party service providers and contractors will occur only after those entities have entered into a confidentiality agreement that:

(a)       prohibits them from using, allowing access to, or disclosing your personal information to any other party (unless required to do so by law); and

(b)       requires them to have appropriate protections in place to ensure the ongoing confidentiality of your personal information.

  1. Links to other websites

Tomlinson may provide links to, or automatically produce search results for, third party websites or resources or third party information referencing or linking to third party websites or resources. Tomlinson has no control over such third party websites and resources, and you acknowledge and agree that Tomlinson is not responsible for the content or information contained therein. When you follow such a link, you are no longer protected by this Policy, and we encourage you to read the privacy policies, statements or other disclaimers of such other parties. Tomlinson is not responsible for the privacy or security practices or the content of other websites, services or products.

Tomlinson cannot and does not guarantee, represent or warrant that the content or information contained in such third party websites and resources is accurate, legal, non-infringing or inoffensive. Tomlinson does not endorse the content or information of any third party website or resource and, further, Tomlinson does not warrant that such websites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using any of the Tomlinson websites to search for or link to a third party website, you agree and understand that Tomlinson shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, Tomlinson to obtain search results or to link to a third party website.

  1. How this Policy is updated

We may change our Privacy and Security policies from time to time if our practices change or if the law requires changes to them. We are constantly reviewing them to ensure that our customers (and their customers) are protected to the best of our abilities.

We will post any Policy changes on this page, and, if the changes are significant, we will provide a more prominent notice and a summary of the relevant changes at the top of the page. You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date below.

If you do not agree to the terms of this Policy or any other Tomlinson policy, agreement, or disclaimer, you should exit the site and cease use of all Tomlinson services immediately. Your continued use following the posting of any changes to this Policy means you agree to be bound by the terms of this Policy.

  1. How to contact Tomlinson

In the event of questions about: (i) access to your personal information;  (ii) our collection, use, management or disclosure of personal information; or (iii) this Policy, please contact Tomlinson’s Privacy Officer by sending an e-mail to privacyofficer@tomlinsongroup.com.

Tomlinson will investigate all complaints and if a complaint is justified, we will take all reasonable steps to resolve the issue.

Effective date: December 20, 2017