Privacy and Security


Welcome to the tiptop.ca website (the "Site") operated by Grafton Apparel Ltd. on behalf of its Tip Top division. We value our customers and respect your privacy, and recognize that we must maintain and use your personal information responsibly. We have created this privacy policy (the "Policy") to demonstrate our firm commitment to your privacy and security, and to advise you about the collection, use and disclosure of personal information provided in store, by mail or at the Site. The Policy also provides you the ability to "opt-out" of providing personal information that you do not wish to provide and to request access, change or remove personal information already collected. We will not collect, use or disclose your personal information other than in compliance with the Policy unless we have provided you with a more specific and separate privacy statement to obtain your distinct consent to other practices or for other purposes.

By providing any personal information acquired during visitors' and customers' visits to the Site and/or visits to Tip Top stores and/or by accessing and using the Site or Tip Top micro-sites used in connection with contest and promotional offers, you hereby consent to the collection, use and disclosure of your personal information as described in the Policy. You are responsible to ensure that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material.

The terms "we", "us", and "our" used in the Policy refer, collectively, to Grafton Apparel Ltd. and its affiliates, divisions, successors and assigns and their respective employees (collectively, "Grafton Apparel Ltd. Affiliates").

WHAT INFORMATION DO WE COLLECT?

Any time you provide us with personal information, such as when you place an order, enter a contest, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials including personal information through the Site or any other Grafton Apparel Ltd. website including any of our social networking websites and web pages such as Facebook, Twitter or Instagram, or otherwise provide personal information to us (including via mail or e-mail in regular correspondence), it may be collected, used and disclosed by us for various purposes as described herein.

Moreover, with your consent or to the extent otherwise permitted under applicable law, the following information is automatically obtained and compiled every time you visit the Site: your Internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your Internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other "click stream" data. This information is stored in our log files.

Additionally, if legally permitted, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded may be collected. This tracking information may be compiled by us in the aggregate and made available to third parties, such as Google and Meta, primarily to identify demographic data regarding our customers, but also for those third parties’ own purposes of performing and improving their analytics and/or advertising services to other organizations.

As previously stipulated, we will also collect personal information from you when you provide your personal information to us, such as by making an order, completing an entry form to participate in a contest, ballot, promotion or survey, whether online or at one of our retail stores, by signing up for our newsletter (if any), by communicating with us by telephone, e-mail, in-store or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s), or by introducing or posting any text, image, video, audio, or any information, content or other materials through any of our social networking websites and web pages such as Facebook, Twitter or Instagram. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail and postal addresses, telephone number(s), credit card information, product interest information, body measurements and financial information and in certain circumstances, your comments, suggestions, ideas, opinions and individual preferences.

In light of the importance of protecting children's privacy, we do not intend the Site for child audiences, and we do not collect, process or use on the Site any information relating to an individual whom we know to be under 14 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the "Contact Us" section below for such purpose.

HOW IS MY PERSONAL INFORMATION USED?

In order to better serve you, we may, with your consent and where permitted under applicable law, combine information you give us online, in our stores, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device), e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:

(i) process your order and answer questions about the status of your order;

(ii) develop, improve, and provide our products and services and manage our business;

(iii) compile information related to loyalty and earned rewards points programs which we may establish from time to time and to which you may be entitled to in respect of your on-line and in-store product purchases; and

(iv) enable us to meet applicable legal and regulatory requirements.

For example, we may use your personal information to complete merchandise purchases and returns. We may also use personal information to contact you when necessary, such as when a delivery may be delayed or when a product is out of stock. In addition, and with your consent, we use personal information to notify you about products or services, promotions and special offers in which we believe they may be interested.

We may also request additional information, such as, buying preferences, or age, also known as demographic and profile data, though this information is optional and never required for you to place an order or make a purchase. If you provide the additional information, we may use this data to improve the Site and enhance your shopping experience.

With your consent, or to the extent otherwise permitted under applicable law, we may also use information collected from the Site to measure interest in the various areas of the Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in the Policy, any information that we disclose to third parties is done in the aggregate and is used primarily to identify demographic data regarding our customers in general.

TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?

We will not disclose your personal information to any third party without your prior consent, other than as provided below: In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the sole purposes of evaluating and/or effecting a proposed transaction or, following the closing of such transaction, for operating and managing the affairs of the acquired business, or for other purposes identified in the Policy.

We may transfer personal information to third-party service providers and professional advisors for processing on our behalf (such as fulfillment services, technical support, delivery services and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information and in compliance with applicable law. These third parties are only provided with the personal information necessary to perform their specific service. You acknowledge that, some of our third-party processors may be located in the United States, and therefore that your personal information may be processed and stored outside of Canada, including in the United States and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States.

We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of Grafton Apparel Ltd. and any Grafton Apparel Ltd. Affiliates.

HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?

You always have the right to direct us not to share your information with third parties (see "How do I exercise my choices about the collection, use and disclosure of my personal information?" below).

WHAT ARE "COOKIES" AND "WEB-BEACONS" AND HOW DOES GRAFTON APPAREL LTD. USE COOKIES ON THE SITE?

Cookies are small data files that a website stores on your computer's hard drive or in random access memory when you are viewing the website. They keep a record of your preferences, making your subsequent visits to the Site more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the Site, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Site you have visited and the number of times that you view a particular page or other item on the Site, login or registration information, your preferences and your purchase history, where available.

Note that our use of analytics and advertising cookies and other online tracking tools described in the present section of the Policy remains, notwithstanding other statements therein, subject to restrictions made under privacy laws applicable and effective in your jurisdiction. Some laws and regulations currently in force or soon to come into force may require that our use of tools enabling us to conduct profiling, geolocation or identification of individuals browsing our Site be subject to users’ activation of those tools through an opt-in consent or otherwise.

We use cookies in order to improve the online experience of users of the Site. Your cookies help us keep track of your interests and, if you are a registered customer, your cookies allow us to recognize you when you return to the Site. If you register on the Site, your cookies also help us to monitor and maintain information about your use of the Site. If you have not registered with us, your cookies may be used in order to monitor and maintain non-personally identifiable information about your use of the Site.

The use of cookies is a common practice adopted by most major websites to better serve their clients. Most Internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies. This is done through your browser settings; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Site's functions will not be available, and you will lose some of the benefits of the Site as, amongst other things, we will not recognize you as a past visitor or a registered user.

Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Site activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Site. "Web beacons", also sometimes called "pixel tags", are small strings of code placed on a Web page or in an e-mail message for the purpose of transferring data.

We and the online marketing company or companies that we use to help manage our Internet business and communications employ cookies and Web beacons placed on the Site's pages to deliver our ads, to measure the effectiveness of our advertising, including our e-mail promotions, and to learn how visitors use the Site. The ad-serving technology uses non-personal information about your visits to the Site and the sites upon which we advertise to serve our ads to you. In the course of delivering our advertisements, a unique third-party cookie may be placed or recognized on your browser. The Web beacons used in conjunction with this third-party ad cookie enable our ad server to recognize a browser's cookie when a browser visits the Site and to learn which banner ads bring visitors to the Site. Your internet browser can, through the settings, be set up to warn you each time a cookie is being sent, to block all cookies or to disable cookies completely.

WHAT IS "PHISHING"?

"Phishing" is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your personal information through e-mail.

HOW DO I EXERCISE MY CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF MY PERSONAL INFORMATION?

You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from purchasing items from the Site or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties by e-mailing us at the contact link below.

In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently "opt-out" at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us as described in the section entitled "Contacting us" below, or by following the "opt-out" instructions provided in the promotional materials sent to you. Our Privacy Officer will also be able to provide you with more information regarding the implications of withdrawing consent.

In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e-mail address you used when you signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to ten (10) calendar days two (2) weeks to process your request, during which period you may continue to receive communications from Grafton Apparel Ltd. or Grafton Apparel Ltd. Affiliates. If you prefer not to receive promotional information from Grafton Apparel Ltd., please follow the unsubscribe instructions set out in the Policy or in the respective privacy policies and/or communications of the Grafton Apparel Ltd. Affiliate.

HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THE POLICY AND GRAFTON APPAREL LTD. PRIVACY PRACTICES?

You are entitled to request access to, and, if inaccurate, request the correction of your personal information collected by us. In order to make such a request, please contact our Privacy Officer in writing (see "Contacting Us" below).

GRAFTON APPAREL LTD. WILL REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU, EXCEPT FOR INFORMATION THAT WE ARE LEGALLY REQUIRED TO RETAIN OR PROCESS, SUCH AS FOR TAX COMPLIANCE PURPOSES. IN THE EVENT SUCH REQUEST IS SENT BY E-MAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE "REMOVE REGISTRANT" IN THE SUBJECT LINE OF YOUR E-MAIL.

To obtain additional information on our privacy policies and procedures, please contact our Privacy Officer at supportTT@tiptop.ca.

HOW LONG IS MY PERSONAL INFORMATION RETAINED?

We will keep your personal information only as long as is reasonably necessary for the purposes for which we have collected it (as described in the Policy) or such longer period as may be required or permitted by applicable law.

HOW SECURE IS MY PERSONAL INFORMATION?

We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Within our organization, only those employees, mandatories or agents having a need to access your personal information to perform their tasks will be granted such access. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences.

WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.

 

SMS COMPLIANCE

TCPA Compliance:

Text Marketing and notifications:

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

GDPR Compliance:

Text Marketing Terms and Conditions:

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.