1. General information

a) Introduction

Purpose of this Policy. Privacy is important to BITUMAR INC. (hereinafter the “Company“, “We“, “Us“, “Our“). For this reason, We have put in place safeguards and practices for the sound management of Your Personal Information in accordance with the laws applicable in Quebec and Canada.

Additional to the Terms and Conditions. This privacy policy (the “Policy“), which should be read in conjunction with Our Terms and Conditions, describes Our practices regarding the collection, use, processing, disclosure, retention and destruction of Personal Information of individuals benefiting from Our Services, visitors to this Website and its users (“You“, ” Your”, “Your“).

Consent. By using Our https://www.bitumar.com website  (the “Website“) or any of Our Services, You agree that We may collect, use, disclose, communicate, disclose and retain (“Process” or “Process“) Your Personal Information in accordance with the terms described herein. If You do not agree to abide by and be bound by this Policy, You are not permitted to visit, access or use Our Website or Services, or to share Your Personal Information with Us.

Limits of the policy. This Policy does not apply to the Personal Information of the Company’s employees, representatives and consultants, or any other person affiliated with the Company, as well as to any information that does not constitute Personal Information as defined by the laws applicable in Quebec and Canada.

b) Privacy Officer 

Contact information for the Privacy Officer. Any comments, questions and complaints regarding the Company’s Privacy Policy and practices may be directed to Our Privacy Officer at the following coordinates:

Telephone : 514-645-4561

Email : dpo@bitumar.com

Address :11155 Sainte-Catherine Street East, Montreal, Quebec H1B 0A4

2. Definitions

Definitions of certain concepts or expressions. The following concepts and expressions, when they appear with a first letter in capital letters in the Policy, have the meaning ascribed to them below, unless otherwise implicitly or explicitly stated in the text:

“Company“, “We“, “Us“, “Our“: BITUMAR INC.

“Service Provider” means any natural or legal person who processes Personal Information on behalf of the Company. These are third-party companies or individuals employed by the Company to facilitate the Services, provide the Services on behalf of the Company, perform services related to the Services, or assist the Company in analyzing the use of the Services.

“Cookie Banner“: pop-up window requesting Your consent to certain collections of Your Personal Information on the Website.

“Personal Information” means any information about a natural person that allows him or her to be identified, i.e., that directly or indirectly reveals something about the identity, characteristics (e.g., skills, preferences, psychological tendencies, predispositions, mental capacities, character and behaviour of the person concerned) or the activities of that person, regardless of the nature of the medium and regardless of the nature of the material. in which this information is accessible (written, graphic, audio, visual, computerized or other).

«Privacy Officer“: the person in charge of applying this Policy and whose contact information is identified in section 1b) – Privacy Officer of this Policy.

“Services“: Services refers to the applications of the Website, Our social media pages and any programs and services provided to You therein such as:

• operate, maintain, supervise, develop, improve and offer all features of Our Website;
• Introduce you to the Services;
• To allow you to apply for job offers;
• for marketing and business development purposes, if you have previously consented to the processing of your Personal Information for those purposes;
• To answer your questions and provide you with assistance as needed;
• to perform our contractual obligations to you;
• send you messages, updates, security alerts;
• detect and prevent fraud, errors, spam, abuse, security incidents, and other harmful activities;
• for any other purpose permitted or required by law.

“Website“: This website is: https://www.bitumar.com.

“Cookie“: Cookies are text files that are installed on Your computer or mobile device. These cookies may contain information about Your search history, the web pages You visit and Your web browser.

“Process”, “Processing”: Concept encompassing any operation that may affect or concern personal information, including: collection, use, storage, destruction, communication or transmission.

”  You  “, ” Your  “: Persons benefiting from Our Services, visitors to the Website and any users using the Company’s Services. 

3. Processing of Personal Information 

3.1 Collection of Personal Information

3.1.1 Means of collection

Various means. We collect Your Personal Information through Our Website or any other technological means in various ways, including:

• • Automatically. When You connect to Our Website, the device You use to connect to Us will provide Us with Personal Information;
  • Electronic forms. By completing and providing Us with one of Our electronic forms;
  • Emails communicated. By emails that You communicate to Us using one of the email addresses available on Our Website;

• Cookies. By cookies, including the cookies identified in Our Cookie Banner and in the 6-Cookies and Other Similar Technologies;
  

• • Surveillance cameras. By the surveillance cameras installed on Our property; and

• Partners. By third parties who collect Your Personal Information for Us which are identified in section 3.2 – Collection of Personal Information by a Third Party of this Policy.

Profiling, Identification or Location. Our Website has functions to profile Your activities on Our Website, to identify You and to locate You. These functions are used by third parties identified in section 3.5 – Disclosure and Transfer of Personal Information through cookies. We disable these features by default. You can enable them through the Cookie Banner.

3.1.2 Personal Information Collected 

Categories of Information Collected. In the course of Our business, We may collect and process the various types of Personal Information including the information listed below:

• Identification information and contact information, including Your first and last name, Your email address, Your mailing address, Your telephone number;

• Technical or numerical information, including login information and other information about Your activities on the Website, such as Your IP address, the pages You viewed, the time and date of Your visits, Your number of connections, Your domain name, the address of the referring site (if you are accessing the Website from another site), the type of browser You use, Your device’s operating system, and other hardware and software information;
• Your consents to the use of certain cookies on Our Website and to the disclosure or use of Your Personal Information;
• Information necessary to provide Our Services, such as information about the Services We have rendered to You or are providing to You;
• Information You choose to provide or provide to Us, for example, when You fill out an online form, respond to solicitations or surveys, or communicate with one of Our employees or representatives;
• Geolocation information.

Restriction of processing to necessary and legitimate purposes. In each case, such Personal Information is processed in accordance with the legitimate and necessary purposes listed in section 3.4 – Use of Personal Information below.

3.2 Collection of Personal Information by a Third Party

Third Parties Collecting Personal Information on Our Behalf. :  LinkedIn and other third parties may collect Personal Information on Our behalf:

• To provide us with any applications for a job vacancy with us, including information about your previous employment (resume, cover letter), contact information, and any other information you share with us for this purpose;
• To provide us with any information you have shared with us in the “Contact Us” form available on our website, including your contact information and any other information you share with us so that we can provide you with a service.

3.3 Opting out of a collection

Refuse to consent. Unless otherwise provided by law or Your contractual obligations, You may refuse or withdraw Your consent to certain specific uses or disclosures of Your Personal Information:

• By failing to include Your Personal Information in Our electronic or paper forms when the provision of such forms is indicated as optional;
• By selecting “refuse” in the Cookie Banner; or
• By sending a request to Our Privacy Officer at the contact information identified in section 1b) of this policy.

Measures available to opt-out of ways to collect Personal Information. You may also provide Us with Your Personal Information other than through technological means such as Our Website. You can provide us with these:

• By email;
• By phone; or
• In person.

3.4 Use of Personal Information

Purposes of Personal Information. We may use Your Personal Information for the purposes described below:

• Operate, maintain, supervise, develop, improve and offer the functionalities of Our Website;
• To present and provide You with Our Services as described in the 2 – Definitions ;
• Evaluate a job application;
• To perform Our contractual obligations to You;
• To process and resolve complaints and dissatisfactions;
• Developing, improving and offering new Services;
• Send you messages, updates, security alerts;
• For marketing and business development purposes, if You have previously consented to the processing of Your Personal Information for such purposes;
• To answer Your questions and provide You with assistance as needed;
• To conduct research, analysis, and statistics in connection with Our Company and Services;
• Detect and prevent fraud, errors, spam, abuse, security incidents, and other harmful activities; or
• For any other purpose imposed or permitted by applicable law. 

3.5 Access, Disclosure and Transfer of Personal Information

Access and communication possible. We may transfer, disclose or allow access to Your Personal Information to Our employees and Service Providers, who need the information to help Us operate Our Website, perform Our Services, conduct Our business or serve You.

3.5.1 Access to Personal Information in the Company

Limiting Access to Personal Information. Your Personal Information is only accessible to Our directors, employees or representatives who need access to Your Personal Information in order for them to perform their duties. As such, Your Information may be accessible to:

• Our Privacy Officer;
• Our IT services (“Information Technology”);
• Our customer service;
• Our human resources (in case of job applications). 

3.5.2 Disclosures of Personal Information

Protective measures when communicating to third parties. We will only disclose Your Personal Information to Our Service Providers if they have previously committed in writing to ensure the confidentiality of Your Personal Information in accordance with applicable laws and Our Information Governance Program through the implementation of various information protection and governance measures. These measures are proportionate to the sensitivity of the Personal Information processed or disclosed. Without limitation, Our Service Providers may only use Your Personal Information on a confidential basis as directed by Us and only for the purposes for which it was provided. In addition, We provide Our Service Providers with only the Personal Information necessary for the performance of their mandate or contract and We require these Service Providers to destroy the Personal Information appropriately upon termination of the contract or as soon as its use is no longer required.

Our Service Providers. Although We try to avoid sharing Your Personal Information with third parties, We may use Service Providers to perform various services on Our behalf, such as IT management and security, marketing, and data analysis, hosting, and storage. Below we have defined some of the cases in which such sharing may occur:

• We use the Google Analytics Cookie to analyze the Website’s audience and compile statistics. For more information, see Google  ‘s privacy policy and their table of cookies for advertising and measurement;

Please note that this Cookie may collect Personal Information that can locate You and can profile Your web activities (targeted advertising);

This Cookie discloses Personal Information to Google for the purposes identified in Our Cookie Policy ;

• We use Google Ads to analyze the audience of Our Services, compile statistics and converse with customers and prospects. For more information, see Google’s privacy policy and their table of advertising and measurement cookies;

Please note that this Cookie may identify You and profile Your web activities in order to provide You with advertising that would meet Your interests (targeted advertising);

This Cookie discloses Personal Information to Google for the purposes identified in Our Cookie Policy ;

• We use Meta’s services (Facebook Pixel) to help understand and serve ads, compile statistics, and engage with customers and prospects. For more information, see Meta’s privacy policy;

Please note that this Cookie may identify You and carry out profiling of Your web activities in order to provide You with advertising that would meet Your interests (to carry out targeted advertising) or to sell advertising products such as real-time bidding from third-party advertisers;

This Cookie discloses Personal Information to Meta for the purposes identified in Our Cookie Policy ;

• We use Microsoft services (Outlook and the Microsoft Office suite) to store Our documents and emails. For more information, see Microsoft‘s privacy policy;
  All categories of Personal Information identified in section 3.1 – Collection of Personal Information may be communicated or stored through this service.

• We use the services of [web host] for the hosting of Our Website;

  All categories of Personal Information identified in section 3.1 – Collection of Personal Information may be communicated or stored through this service.

• We use Metatracer on Our digital systems to facilitate the detection and management of Your Personal Information and that of Our employees, all to ensure Our compliance with privacy laws. Metatracer collects, like Personal Information, only identifying information.

3.5.3 Communication outside Quebec

Disclosure of Personal Information Outside Quebec. We may disclose Your Personal Information outside of Quebec and mandate an entity located outside Quebec to collect, use or store Your Personal Information on Our behalf.

Protections when communicating outside Quebec. Before disclosing Your Personal Information to third parties outside of Quebec, We conduct a privacy impact assessment to assess the risks that may affect the security of Your Personal Information. This assessment also helps to identify appropriate security measures that will reduce or eliminate these risks. The communication will then be the subject of a written agreement obliging these third parties to comply with such measures.

3.5.4 Comply with legislation, respond to legal requests, prevent harm, and protect Our rights

Specific Communications of Your Personal Information. We may disclose Your Personal Information when We believe that such disclosure is permitted, necessary or appropriate, including:

• To respond to requests from public and government authorities, including public and government authorities outside Your country of residence;
• To protect Our business;
• To comply with legal process;
• To protect Our rights, the privacy of Our employees, officers and directors, Our safety and property;
• To protect Your privacy and rights, or the privacy and rights of third parties;
• To enable Us to pursue available remedies or limit the damages We may sustain; and
• Where it is consistent with or required by applicable laws, including laws outside Your country of residence.

3.5.5 Business transaction

Possibility of commercial transactions. We may share, transfer or communicate, in strict accordance with this Policy and the provisions of the Act respecting the protection of personal information in the private sector, CQLR c P-39.1 (the “Private Sector Act“) and the Act to modernize legislative provisions as regards the protection of personal information, SQ 2021, c 25 (the “Bill 25 “, sanctioned on September 22, 2021), Your Personal Information in the event of a sale, transfer or assignment, in whole or in part, of the Company or Our assets (for example, as a result of a merger, consolidation, change of control, reorganization, bankruptcy, liquidation or other business transaction, including in connection with the negotiation of such transactions). In this case, We will notify You before Your Personal Information is transferred and is governed by another privacy policy.

3.6 Consent

Consents for the Collection, Use or Disclosure of Personal Information. Unless otherwise required by law, the Company obtains Your consent to Us collecting, using and disclosing its Personal Information. However, if You provide Us with Personal Information about other individuals, You must ensure that You have duly notified them that You are providing Us with their information and have obtained their consent to such disclosure.

Criteria for consent required. We will seek Your manifest, free, informed consent and be given for specific purposes before using or disclosing Your Personal Information for any purpose other than those set forth herein. We will also seek Your explicit consent whenever Sensitive Personal Information is involved in any of the Company’s processing activities. We will seek Your consent for each of the specific purposes in simple and clear terms, separate from any other information that will be communicated to You.

BY USING OUR WEBSITES, BY SUBMITTING YOUR PERSONAL INFORMATION BY EMAIL OR USING AN ONLINE FORM, YOU CONSENT TO THIS PRIVACY POLICY AND TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.

Refusal to Use the Website. If You do not consent, please discontinue using the Websites. Except where otherwise provided by law, You may withdraw Your consent at any time upon reasonable notice. Please note that if You choose to withdraw Your consent to the collection, use or disclosure of Your Personal Information, certain features of Our Website may no longer be available to You or We may no longer be able to offer You some of Our services.

3.7 Retention of Personal Information

Retention of Personal Information. Subject to applicable laws, We retain Your Personal Information only for as long as necessary to fulfill the purposes for which such information was collected, unless You consent to Your Personal Information being used or processed for another purpose.

Additional Information. For more information on the periods for which Your Personal Information is retained, please contact Our Privacy Officer using the contact information provided in the section 1b) – Privacy Officer of this Policy.

4. Your rights

List of rights. As a data subject, You may exercise the rights set out below by contacting Our Privacy Officer in writing at the contact information provided in the section 1b) – Privacy Officer of Politics. Please note that We may require You to verify Your identity before responding to any of these requests.

• You have the right to be informed about the Personal Information We hold about You, its use, disclosure, retention and destruction, subject to the exceptions provided by applicable law;
• You have the right to access Your Personal Information, to request a copy of the documents containing Your Personal Information, subject to the exceptions provided by applicable law, and to obtain, where applicable, additional details about how We use, disclose, retain and destroy it by communicating a written request to Our Privacy Officer at the contact details identified in section 1b) – Privacy Officer of this Policy;
• You have the right to have the Personal Information We hold about You rectified, amended and updated if it is incomplete, ambiguous, outdated or inaccurate by sending a written request to Our Privacy Officer at the contact details identified in section 1b) – Privacy Officer of this Policy;
• You have the right to withdraw or modify Your consent to the collection, use and disclosure of some of Your Personal Information collected (as identified in section 3.1 – Collection of Personal Information of this Policy) at all times, subject to applicable legal and contractual restrictions;
• You have the right to ask Us to stop disseminating Your Personal Information and to de-index any link to Your name that provides access to such information if such dissemination contravenes the law or a court order;
• You have the right to request that Your Personal Information be communicated to You or that it be transferred to another organization in a structured and commonly used technological format;
• The right to be informed of a privacy incident involving Your Personal Information that could cause You serious harm. To this end, we keep a register that lists all confidentiality incidents and assess the damage they may cause; and
• You have the right to file a complaint with the Commission d’accès à l’information, subject to the conditions set out in applicable law.

5. Questions and Complaints 

Complaints Process. You may address any complaints regarding Our practices and policies regarding the protection of Your Personal Information by contacting Our Privacy Officer using the contact information identified in section 1b) – Privacy Officer.

Questions. You may also contact Our Privacy Officer with any questions relating to this Privacy Policy using the contact information identified in section 1b) – Privacy Officer.

Need to Identify You. In order to comply with Your request, You may be asked to provide an appropriate identification document or to identify You in some other way.

6. Cookies and Other Similar Technologies

Use of Cookies. Cookies are small text files that are stored on Your device or browser. They collect certain information when You visit the Website, including Your language preference, browser type and version, the type of device You are using, and Your device’s unique identifier. If some cookies are deleted after the end of Your browser session, other cookies are stored on Your device or browser in order to allow Your browser to be recognized the next time You visit the Website. We use cookies and other similar collection technologies such as Pixels (collectively “Cookies”) to help Us operate, protect and optimize the Website and the Services We offer. Cookies do not cause any damage to Your device and cannot be used to extract Your Personal Information.

Browser configuration possible. You can set Your browser so that you are notified when You set Cookies when You visit the Website, so that You can decide, in each case, whether to accept or refuse the use of some or all of the Cookies. Please note that disabling Cookies on Your browser may affect Your browsing experience on the Website and prevent You from using some of its features.

Types of Cookies. 

First- and Third-Party Cookies : Whether a Cookie is “first” or “third-party” refers to the domain that places the Cookie.

1. First-party Cookies are those placed by a website that is being visited by the user at that time (e.g., Cookies placed by Our Website’s domain).
2. Third-party Cookies are Cookies placed by a domain other than that of the website visited by the user. If a user visits a website and another entity places a Cookie through that website, it would be a third-party Cookie.

Persistent Cookies : These Cookies remain on a user’s device for the period specified in the Cookie. They are activated each time the user visits the website that created that particular Cookie.

Session Cookies : These Cookies allow website operators to link a user’s actions during a browser session. A browsing session begins when a user opens the browser window and ends when they close the browser window. Session Cookies are created temporarily. Once you close the browser, all session Cookies are deleted.

Categories of Cookies. In general, the Website uses Cookies to distinguish you from other users of the Site. This helps Us to provide you with a good experience when you browse the website and also allows Us to improve it. The Cookies that We may use on the website can be categorized as follows:

1. Strictly necessary
2. Performance
3. Functionality
4. Targeting

Some Cookies may serve more than one of these purposes.

” Strictly necessary ” Cookies allow you to move around the website and use essential features such as secure areas. Without these Cookies, We cannot provide the requested services.

We use these strictly necessary Cookies  to:

• Identify you as being logged in to the website and authenticate you
• To ensure that you log in to the correct service on the website when We make changes to its operation
• For security purposes
• To ensure that you log in to the correct service on the website when We make changes to its operation.

If you prevent the use of these Cookies, We cannot guarantee the performance of the website or the security of the website during your visit.

Performance Cookies collect information about how you use the website, such as the pages you visit, and whether you encounter any errors. These Cookies do not collect any information that could identify you and are only used to help us improve the way the website works, understand the interests of Our users and measure the effectiveness of Our advertising.

We use performance Cookies  to:

• Perform web analytics: Provide statistics on how the website is used
• Tracking Affiliates: Providing feedback to affiliated entities that one of Our visitors has also visited their site.
• Obtain data on the number of website users who have viewed a product or service.
• To help us improve the website by measuring the errors that occur.
• Test different website designs.

Some of Our performance cookies are managed for Us by third parties.

“Functionality” Cookies  are used to provide services or to remember settings to enhance your visit.

We use ‘functionality’ Cookies for purposes such as:

• Remember settings you’ve applied, such as layout, text size, preferences, and colors
• Remember if We have ever asked you if you want to complete a survey
• Remember if you have used a specific item or list on the website to prevent it from being repeated
• Show you when you are logged in to the website
• To provide and display embedded video content

Some of these Cookies are managed for Us by third parties.

“Targeting” Cookies are used to track your visit to the Website, as well as other websites, apps and online services, including the pages you have visited and the links you have followed, which allows Us to show you targeted advertisements on the Website.

We may use targeting Cookies  to:

• Display targeted ads on the website
• To improve the way We deliver personalized ads and content, and to measure the success of advertising campaigns on the website

Cookie Consent. All Cookies require your consent. We ask for your consent before placing them on your device. You can give your consent by clicking on the appropriate button on the banner displayed to you. If you do not wish to provide your consent or if you wish to withdraw your consent to any Cookie at any time, you will need to delete, block or disable the Cookies through the cookie banner or available setting options, or through your browser settings. Please note that disabling Cookies may affect Your browsing experience on the Website and prevent You from using some of its features.

List of Cookies

7. Security measures

Purposes of Our Security Measures. We have implemented physical, technological and organizational security measures designed to adequately protect the confidentiality and security of Your Personal Information against loss, theft or unauthorized access, breach, disclosure, copying, disclosure, disclosure, use, modification. These measures include:

• Administrative measures. On the administrative side, the adoption of a series of measures, policies and procedures as part of the implementation of our information governance program, which include:

• Govern the access, communication, retention, de-identification, including destruction or anonymization of Personal Information;
• Determine the roles and responsibilities of Our employees throughout the life cycle of Personal Information and documents;
• Establish procedures for responding to and responding to confidentiality incidents;
• Govern the process for requests and complaints relating to the protection and handling of Personal Information.

• Technical measures. On the technical level, the use of several means such as:

• • The use of a secure server and Secure Socket Layer (SSL) technology;
  • Encryption of Our databases and the databases of Our service providers;

• Limiting access privileges to Personal Information in accordance with section 3.5.1 – Access to Personal Information in the Company;

• The use of backup systems;
• The use of network monitoring software;
• The use of a firewall system;
• The use of encryption and segregation of duties systems, access controls and internal audits.

Incomplete list of measures. We have not exhaustively listed the set of measures We are implementing given the public nature of this Policy.

It is impossible to guarantee a complete absence of risk. Despite the measures described above, We cannot guarantee the absolute security of Your Personal Information. If You have reason to believe that Your Personal Information is no longer secure, please contact Our Privacy Officer immediately using the contact information provided in section 1b) – Privacy Officer above.

8. Changes to this Privacy Policy

Right to Modify this Policy. We reserve the right to modify this Policy at any time in accordance with applicable law. If we make any changes, We will post the revised Privacy Policy and update the updated date in the footer of the Privacy Policy. We will reasonably inform You ; prior to the effective date of the new version of Our Policy. If You do not agree with the new terms of the Privacy Policy, We invite You to stop using Our Website and Services. If You continue to use Our Website or Services after the new version of Our Policy comes into effect, then Your use of Our Website and Services will be governed by that new version of the Policy.

9. Links to third-party websites

Liability for third-party websites. From time to time, We may include references or links to websites, products or services provided by third parties on Our Website (“Third-Party Services“). These Third-Party Services, which are not operated or controlled by the Company, are governed by privacy policies that are entirely separate and independent from ours. We therefore assume no responsibility for the content and activities of these sites. This Policy applies only to the Website and the Services We offer.

10. ReCAPTCHA invisible

This is what the reCAPTCHA does. Invisible reCAPTCHA analyzes activity on a web page function (e.g., mouse movements and typing patterns) to determine if a user is a bot. The invisible service reCAPTCHA may collect information from Your device. The information collected by the reCAPTCHA is maintained in accordance with its privacy policy.

11. Individuals under the age of 14

Consent of minors under 14 years of age. We do not knowingly collect or use Personal Information from anyone under the age of 14. If You are under the age of 14, You must not provide Your Personal Information to Us without the consent of Your parent or guardian. If You are a parent or guardian and You become aware that Your child has provided Us with Personal Information without consent, please contact Us using the contact information provided in Section 1b) above to request that We delete that child’s Personal Information from Our systems.

12. Applicable Laws

Laws of Quebec and Canada. The laws of Canada and Quebec, excluding its conflict of law rules, will govern this Agreement and Your use of the Website. Your use of the Website may also be subject to other local, provincial, national or international laws.