Privacy Policy

Last Updated: May 28th, 2018

This Privacy Policy discloses the privacy practices for www.bempro.com (“BEMPRO”), and any other sites that display authorized links to this policy, including all mobile websites (collectively with BEMPRO, each a “Site”) associated therewith, provided by BEMPRO GLOBAL GROUP (“BEMPRO”, “we” or “us”). For individuals in the EU using the Site or Application, BEMPRO GLOBAL GROUP, located at 18 Chelsea Lane, Brampton, Ontario, L6T 3Y4 in Canada is considered to be the controller of your data.

This Privacy Policy governs our collection of information from you, including through your use of the Sites. Please read this Privacy Policy carefully so that you understand our online privacy practices. By browsing a Site and/or providing your information to us in any other way, you understand that we will collect, use, and disclose your information in accordance with the terms of this Privacy Policy. Questions regarding privacy issues should be directed to us at info@bempro.com or at the address above.

Terms of Service

Please also take a moment to review our Terms of Service.

Information We Collect

We also may collect and store information that is generated automatically as you navigate through our Sites.

To make our Sites more useful to you, our servers (which may be hosted by a third-party service provider) may collect information from your computer or device, including but not limited to:

The date and time of your visit and the web pages and content you view and links you click on while navigating within our Sites;
Information about the type of content accessed via our Sites;
The site you visited before and after visiting our Sites;
Your Internet Protocol (IP) address (a numerical address assigned to your computer by your Internet service provider so that other computers connected to the Internet can communicate with you online) that can sometimes be used to derive your general geographic area;
Search terms you enter using our Sites;
Unique identifiers, including non-global mobile device identification numbers;
Information about your computer device such as your device type, screen size, browser type, language and other settings, memory capacity, plug-ins, Internet domain, TCP configuration parameters, operating system, carrier code, time zone and the names, versions and package IDs of software installed on your device; and
Information collected through cookies, pixel tags and other tracking technologies (see additional descriptions of these terms below).

If you allow our Application to have access to your location information and you have enabled location services on your phone, we collect your location information.

Purposes for Collecting Your Personal Information

We collect your personal information to provide better services to all of our Site users - from providing, maintaining, protecting and improving our Sites, to providing you with brochures you have requested, product information and promotions.

Consent

Whenever you voluntarily provide information through your access to or use of the Sites, or by contacting the Company through other means, you consent to the collection, use and disclosure of that information in accordance with the provisions of this Privacy Policy.

How We Collect Your Personal Information

When you visit one of our Sites and sign up to one of our mailing lists, register an ecommerce account or participate in a contest or other marketing promotion, you will be asked to provide personal information (such as name, email address, telephone number and mailing address) for the purpose of administering your request and contacting you. When you provide your contact information, we may also ask you to provide optional personal information such as demographic information (e.g. age) and profile information (e.g. purchasing preferences, experience in home renovations). Oftentimes, it is not necessary to provide this optional persona; however, it may be helpful towards providing you with a quality response to your request.

In addition, at the time you provide your personal information you may be given the opportunity to opt-in to receiving updates and notifications regarding special promotions, new products and other information about our company, which may interest you ("Promotional Mailings"). If you authorize us to send you Promotional Mailings, we may do so by using either the e-mail or the mailing address you provided. If you no longer wish to receive Promotional Mailings, send us an email at info@bempro.com indicating you no longer wish to receive such mailings from us or simply unsubscribe.

Finally, the Company may collect information voluntarily provided by you, via the Sites or otherwise, for the purposes of recruitment opportunities or customer feedback. Some of the information that you provide through these areas may be personal information and is subject to the terms of this Privacy Policy.

Changes

The Company reserves the right to change this Privacy Policy at any time without notice. Your use of or access to the Site indicates your acknowledgement of this Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. The Privacy Policy posted at any time shall be deemed to be the Privacy Policy then in effect. This Privacy Policy was last updated in May 28th, 2018.

Cookies

To help make the Sites more responsive to the needs of users, we employ a standard software feature, called a "cookie," to assign each user a unique, random number that resides on a user's computer or device. The cookie by itself does not personally identify the user; it merely identifies the computer or device with which the user accesses a Site. Cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of a Site where you have entered preference information before.

We also may use web beacons (also known as "pixel tags") to access cookies and to count users who visit our Sites or open our HTML-formatted e-mail messages. Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of our users. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly in web pages and e-mail messages. We may collect information about your interactions with our e-mail messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read our e-mails.

Analytics Services

We use third-party analytics services (“Analytics Services”), to help analyze how users use our Sites. The information generated by the cookies or other technologies about your use of our Sites (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s terms of use and privacy policy. By using a Site, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. We may also collect anonymized, cookie-based demographics data from third parties to analyze the composition of our audience.

Use of Information

We use the information we collect about you to:

identify you as a user in our system;
send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
perform market research to understand the interests and preferences of our existing users;
provide enhancements and improvements to Sites;
create new products and services;
improve the quality of your experience when you interact with our Sites
measure and analyze audience traffic, including tracking user interests, trends, and patterns;
send you administrative e-mail notifications, such as security, or support and maintenance advisories;
respond to your inquiries related to BEMPRO email subscriptions, employment opportunities, and other questions and requests;
send newsletters, surveys, offers, and other promotional materials and for other marketing purposes;
help recognize you as a previous visitor and save and remember your preferences and settings;
understand whether our users read e-mail messages and click on links within those messages;
prevent potentially prohibited or illegal activities, comply with applicable law and enforce our Terms of Service; and
for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

The Company may also use your personal information to create aggregated information that does not allow you to be personally identified or contacted. Rather than showing individual activity, aggregated information shows user behaviour as a whole (for example, information might be compiled in order to calculate the number of customers living in certain geographic areas). Aggregated information is used to evaluate the use of our Sites for development of the Sites, new products and services and marketing initiatives. The Company may disclose aggregated information to its affiliates and to agents appointed by it for purposes of administration or operation of the Sites.

When We Disclose Your Personal Information

Except as provided in this Privacy Policy, the Company does not disclose, give, rent or sell your personal information collected through the Sites to any third party. Access to your personal information is restricted to selected Company employees, representatives or agents.

Agents appointed by the Company to assist with or operate the Sites or administer the Company's marketing programs will have access to your personal information for these purposes. Such agents are required by the Company to comply with the provisions of this Privacy Policy and are prohibited from disclosing personal information to third parties except as required by law.

The Company reserves the right to co-operate fully with local, provincial and federal officials in any investigation relating to any personal information (including private electronic communications transmitted on the Company website) or any purported unlawful activities.

The Company reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual sale, merger or other transfer of the assets or shares of the Company, an affiliate or division thereof, provided that the third party agrees to adhere to the principles expressed in this Privacy Policy and the personal information does not constitute all or substantially all of the assets being transferred.

How We Protect Your Personal Information

The Company makes all commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. Personal information is collected and stored in a secure manner as required by the Company.

Retention and Destruction of Personal Information

Documents regarding your personal information will be retained only for the period required by law or as operationally necessary and then destroyed/erased in a confidential manner.

Links to Third Party Sites

The Sites may offer links to other websites. You should be aware that operators of linked websites might also collect your personal information (including information generated through the use of cookies) when you link to their websites. The Company is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.

Contacting Us

Employees wishing to request access to their own personal information or have any questions about this privacy policy, should contact the us at 905-799-2002. You can request changes to your personal information or that your personal information be removed from our and our agents' databases by sending an e-mail detailing your request to info@bempro.com.

Terms of Service

Last Updated: May 28th, 2018

Welcome to Bempro.com, a website owned and operated by The Bempro Global Group. Your use of this site and all other Bempro websites (BMP Metals, CableTalk & ClimateWorx) are subject to the terms and conditions set forth below. Bempro offers this site to you subject to the following terms and conditions and the Bempro Privacy Policy found at https://www.bempro.com/terms and incorporated herein by reference and YouTube’s terms of service (“Terms”). Your use of or visit to this site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this site. If you have any questions about these terms, please contact info@bempro.com.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at https://www.bempro.com/terms. BEMPRO may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Privacy Policy

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy.

General Use Restrictions

BEMPRO or third parties granting rights to BEMPRO hold all right, title, and interest in and to the Content on this Site, which are the copyrighted work of BEMPRO or such third parties. "Content" includes the text, software, scripts, apps, graphics, photos, sounds, music, videos, audio & visual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. BEMPRO authorizes you to view, download and print a single copy of the Content provided on this Site for your personal, non-commercial use only, but you may neither remove any copyright, trade-mark or other proprietary notices from such copy nor modify the Content. Except as otherwise set out in these Terms, you have no right to copy, download, display, perform, reproduce, distribute, transmit, broadcast, sell, license, modify, edit, alter, enhance or otherwise exploit any of the Content, in whole or in part, in any manner or format without the advanced written authorization of BEMPRO and you agree not to "frame" or "mirror" the Site, any Content contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of BEMPRO. BEMPRO reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized activity and suspend or terminate your access to this Site. Your authorization to use this Site terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed Content.

BEMPRO and its licensors reserve all rights not expressly granted in and to the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Should BEMPRO become aware of inappropriate use of the Site or any of its Services (defined below in the "Availability" section), BEMPRO will respond in any way that, in its sole discretion, BEMPRO deems appropriate. You acknowledge that BEMPRO will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, BEMPRO will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Availability

BEMPRO has several websites advertising products, services, content and various other functionalities (collectively the "Services") to specific regions around the world. The Services offered in one region may differ from those in other regions due to availability, local or regional laws and other considerations. BEMPRO does not make any warranty or representation that a user in one region may obtain the Services from the BEMPRO site in another region.

Information BEMPRO publishes on the World Wide Web may contain references or cross references to BEMPRO products, programs and services that are not announced or available in your area. Such references do not imply that BEMPRO intends to announce such products, programs or services in your area. Please contact info@bempro.com. for information regarding the products, programs and services, which may be available to you.

Third Party Interaction and Links to Third Party Sites

In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other express or implied term, condition, warranty or representation, including any implied warranty or condition of merchantability associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that BEMPRO has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

This Site may be linked to third party websites that are not owned or under the control of BEMPRO. Such links do not constitute an endorsement by BEMPRO of any such sites. You acknowledge that BEMPRO is providing these links to you only as a convenience, and you agree that BEMPRO is not responsible for the content or links displayed on such sites to which you may be linked.

The Service may contain links to third party websites that are not owned or controlled by BEMPRO. BEMPRO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BEMPRO will not and cannot censor or edit the content of any third-party site. You expressly relieve BEMPRO from any and all liability arising from your use of any third party website.

Accordingly, we encourage you to be aware when you leave the BEMPRO Site and to read the terms and conditions and privacy policy of each other website that you visit.

Disclaimer of Warranties

Your use of this Site and its Content is at your own risk and should not be relied upon. This Site and its Content may include inaccuracies or errors that may affect the quality of the materials or services available on the Site or from BEMPRO, or your product warranties. The Content has not been independently verified or authenticated in whole or in part by BEMPRO, BEMPRO does not warrant the accuracy, usefulness, safety, or timeliness or intellectual property rights of the Content. BEMPRO has no liability for any errors or omissions in the Content, whether provided by BEMPRO or third parties.

Although BEMPRO will not be liable for your losses caused by any use of the Site, you may be liable for the losses of BEMPRO or others due to your unauthorized use.

You further understand and acknowledge that you may be exposed to Content that is inaccurate, dramatized, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BEMPRO or any affiliate with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BEMPRO, its owners, directors, officers, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site or Content.

This site is provided to you on an "as is" and "where-is" bases, without any warranty. Bempro, for itself, its directors, officers, employees, agents and any third party providing materials, services, or content to this website, make no representations, warranties or conditions, express or implied, in connection with the site, the content, or your use thereof, including but not limited to the quality, suitability, truth, accuracy or completeness of any content, material, information, product, or service contained on the site or linked to the site. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty or condition of merchantability, quality, fitness for a particular purpose, or non-infringement of third part rights, are hereby disclaimed.

Limitation of Liability

In no event shall Bempro, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) Errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or content, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) Any interruption or cessation of transmission to or from our site, (IV) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (V) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bempro is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Bempro shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Exception for EU citizens: If you are resident in the European union, BEMPRO does not exclude or limit its liability for death or personal injury resulting from negligence.

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. BEMPRO does not make any warranty or representation with respect to the accuracy or completeness of any such information. Users should not rely on any opinion or other information set out in this Site when making business, financial, personal or other decisions.

Furthermore, the availability of products on this Site may change without notice to you at any time in BEMPRO's sole discretion.

Prices shown do not include taxes. We reserve the right to adjust prices when necessary and also to substitute or discontinue any item which may become unavailable. We reserve the right to correct printing or technical errors. The price is accurate on the date displayed but may be subject to change without notice. Pricing at retailers may vary slightly based on store location and market conditions. Retailers may sell products at a higher or lower cost. BEMPRO and all of its subsidiaries are not liable for pricing errors. Products on the website are subject to availability and may not be exactly as pictured. Installation is not included in price. Freight or transport cost may vary.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BEMPRO, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Site and Service.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Site is not intended for children or minors. If you are under the age of 18, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BEMPRO without restriction.

Local Laws; Export Control

BEMPRO, and all of its subsidiaries controls and operates this Site from its headquarters in the Canada and makes no representation that the Site or Content are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in Canada. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Intellectual Property

In your use of the Site, you will comply with all applicable laws. You agree to assign ownership of, and waive any rights you may have in, any content, comments or ideas submitted to BEMPRO or any affiliate in favour of BEMPRO (or as BEMPRO may direct). BEMPRO shall be free to use any ideas or suggestions you submit and obtain intellectual property protection for the same on its own behalf. You warrant that any content or ideas you submit to BEMPRO are yours alone and do not violate any one else's rights or applicable law.

The Content on the Site, and the trademarks, service marks and logos ("Marks"), are owned by or licensed to BEMPRO, subject to copyright and other intellectual property rights under the law.

Copyright 2018, BEMPRO, all rights reserved. The BEMPRO and all of its subsidiary properties trade-marks, and related words or logos may constitute trade-marks or registered trade-marks of BEMPRO, and all of its subsidiaries. Nothing in these Terms or in the Site shall be construed as granting a licence to you to use any of such marks or names. The names of other companies, products or services referred to on the Site may be the trade-marks of their respective owners. Any unauthorized use of any of the trade-names or trade-marks of BEMPRO, and all of its subsidiaries or of any third party is strictly prohibited and BEMPRO reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights. To obtain authorization to use our trade-marks, please contact us at info@bempro.com.

Terms of Use Revisions

BEMPRO may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms. These terms were last updated on May 28th, 2018.

Unauthorized Activities

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You shall indemnify and hold BEMPRO and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including lawyer's fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.

General

You agree that: (i) the Site and Service shall be deemed solely based in Canada; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over BEMPRO, either specific or general, in jurisdictions other than Canada. These Terms of Service shall be governed by the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and BEMPRO that arises in whole or in part from the Site or Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada. These Terms of Service, together with the Privacy Policy at https://www.bempro.com/privacy and any other legal notices published by BEMPRO, shall constitute the entire agreement between you and BEMPRO concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BEMPRO's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BEMPRO reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of or access to the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BEMPRO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.