CLUTCH CANADA PRIVACY POLICY

Clutch Canada Inc., (“Clutch Canada”, “We” or “Us”), is committed to protecting your privacy. We make available the Clutch Canada website located at www.clutch.ca including all subpages and successor pages (together the “Website”), and the Clutch Canada mobile applications (the “App”), together with our Services as further described in our Terms of Service (the “Services”). This Privacy Policy describes how We collect, use and disclose information about our users through the Website and Services.

1. Consent

   By using the Website, the App or our Service, you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information (as defined below) will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website and/or the Services.

   “Personal Information” is any information about an identifiable individual, such as your name, telephone number, address, location, e-mail address, and phone number. 

2. Collection of Personal Information

   We aim to collect, use and disclose only Personal Information to enable to provide the Services, including processing purchase orders and delivering purchased goods, providing access to third-party financing institution, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement.

   At the time of collection, We will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information you may not be able to use certain features of the Website, App and Services. 

   We collect Personal Information when you register, schedule a test drive, when you request an interest rate pre-qualification, during communications with you and/or when you make purchases through the Services, through user support, and/or by way of user surveys.

3. Use of Personal Information

We collect and use information for the following purposes:

• Test Drives: To schedule a test drive with a Car Enthusiast you must provide certain Personal Information to us, including your full name, phone number, email address and trade-in vehicle information (if applicable). We will also collect the time and location of your test drive in order to have our Car Enthusiast come to you. We use your contact information to send you confirmation and reminder notifications for your scheduled test drive.
• Driver’s License Verification: Once you have requested a test drive, we will ask you to provide a copy of your driver’s license for the purpose of verifying your eligibility to drive and in order to satisfy our commercial insurance requirements. We will record your driver’s license number and retain your driver’s license information for 90 days following the test drive.
• Interest Rate Pre-Qualification: In order to assist us in determining whether you are pre-qualified to receive vehicle financing, we will collect credit reports. To collect credit reports, we will ask you to provide your name, date of birth and address via our finance application, which utilizes TransUnion's Application Programming Interface (API). This information will enable us to display an interest rate pre-qualification to you. By requesting an interest rate pre-qualification, you acknowledge that your information will be shared with TransUnion and their API.
• Financing Request: You have the option of applying for financing through our partner RouteOne LLC. The RouteOne portal is available on our Website; however, we do not collect any Personal Information you submit to RouteOne. RouteOne will request certain financial and employment information in order to determine your eligibility for financing. By using the RouteOne portal you agree to be bound by the RouteOne terms of service and privacy policy.
• Trade-In Vehicles: If you would like to trade in your current vehicle, you will be asked to provide certain information when you meet our Car Enthusiast for your test drive. In particular, you will need to provide the make, model, year, mileage, VIN, and any damage history for your vehicle. Clutch Canada will also run a CarFax report and take photos of the vehicle. We collect this information to determine the value of your vehicle and whether it is eligible for trade in.
• Vehicle Sale: In order to complete any vehicle sale, we will collect your license plate number and insurance information to confirm that the vehicle is properly insured.
• Statistics: We also collect statistics about use of our Services, including how users interact with our website, App and Services. This information is used to monitor and improve the Services. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by Us and such aggregate statistics may be made available to third parties. 
• System Logs & Cookies: We may use cookies to track content usage and traffic on the Website and/or Services. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website and Services may use cookies to help it compile aggregate statistics about usage of this Website and/or Services, such as how many users visit the Website and/or Services, how long users spend viewing the Website and/or Services, and what pages are viewed most often. This information is used to improve the content of the Website and/or Services. In addition, we use cookies to customize your browsing experience by displaying inventory previously viewed by you and pre-populating registration forms. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website and/or Services. We do not link any of the information We use in cookies to any Personal Information submitted by you when you are on the Website and/or using the Services. Your IP address is reported by your web browser whenever you visit a page on the Website and/or access the Services. This information is recorded together with your registration information on our databases. 

If We plan to use your Personal Information in the future for any other purposes not identified above, We will only do so after notifying you.

4. Disclosures & Transfers

   Except in accordance with this Privacy Policy or as otherwise permitted or required by law, We will not disclose or transfer your Personal Information to other third parties without your permission.

   From time to time We may employ third parties to help Us improve or otherwise make available features on the Website, App and/or the Services, whether through the provision of maintenance services, database management, Web analytics or otherwise. Clutch Canada may provide Personal Information collected from you, to its service providers as necessary to enable the service provider to perform its obligations to us. They will be subject to contractual restrictions prohibiting them from using or disclosing any Personal Information for any other purpose.

   We may disclose your Personal Information to third parties without your consent, where permitted or required by law, for example if 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 interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when We believe in good faith that such disclosure is required by and/or in accordance with the law.

   We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

5. Security

   The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff or other permitted persons or companies as are reasonably necessary to carry out the stated purposes We have communicated to you.

   Our servers are located in Canada and the United States and accordingly your Personal Information may be available to government agencies and/or law enforcement in those countries under a lawful order, irrespective of the safeguards We have put in place for the protection of your Personal Information. By using our Website, App and Services, you consent to the hosting of your Personal Information in Canada and the U.S.

6. Retention

   We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non-personal Information, Account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy. 

7. Amendments to this Policy

   We reserve the right to change this Privacy Policy at any time. If We decide to change this Privacy Policy in the future, We will post an appropriate notice on the Website or App. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that We have about you. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website and/or Services signifies your acceptance of any changes.

8. Access and Accuracy

   You have the right to access the Personal Information We hold about you in order to verify the Personal Information We have collected in respect to you and to have a general account of our uses of that Personal Information. Upon receipt of your written request, We will provide you with a copy of your Personal Information although in certain limited circumstances, We may not be able to make all relevant Personal Information available to you, such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances We will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

   We will make every reasonable effort to keep your Personal Information accurate and up to date, and We will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which We are permitted to disclose your information. Having accurate Personal Information about you enables Us to give you the best possible service. You can help by keeping Us informed of any changes to your Personal Information. 

9. Contact Us

   If you would like to access your information, have any questions, concerns, comments or suggestions, or if you find any errors in our information about you, please contact our Privacy Officer via email at support@clutch.ca or Clutch Canada lnc. 20 Duke St #101, Bedford, NS B4A 2Z5.

Last Updated: September 2, 2020