Privacy
Policy
1. Introduction
At NTD Apparel, trust is our top priority. This Privacy Policy (hereinafter the“Policy”) sets forth how NTD Apparel Inc. (hereinafter“NTD Apparel,”“we,” and“our”) collects, stores, uses, or discloses to third parties the personal information (as defined below) of our customers and other individuals with whom we interact in the course of our business (hereinafter“you”or“your”), with the exception of our employees or contract staff, who are subject to a separate policy.
NTD Apparel provides design, manufacturing, licensing, marketing, and distribution services to licensors, retailers, and suppliers; we specialize in licensing influential brands and producing branded apparel (hereinafter collectively referred to asthe “services”). NTD Apparel operates a website, www.ntdapparel.com (the“Site”), and related digital tools used primarily to communicate with users (as defined below) and for purposes related to the Services. We are committed to handling the personal information we collect, hold, use, or disclose with care, within the limits of this policy and applicable laws, and NTD Apparel is responsible for such personal information under this policy.
Please read this policy carefully, as it applies to our services and our website. By using our services or our website, you acknowledge that you have read and understood this policy. If you do not agree with any or all of the terms of this policy, please do not use our services or our website.
2. Types of Personal Information
This Policy applies to Personal Information regardless of the type of medium or the form in which it is accessible: written, graphic, sound, visual, taped, filmed, computerized, or otherwise recorded.
We define“Personal Information” as any information relating to an identifiable individual or that, on its own or in combination with other information, can be used to identify an individual. For example, personal information may include, but is not limited to, the following:
first and last name;
date of birth;
phone number, home address, and email address;
preferred language;
time zone;
financial, credit, billing, and account information;
authentication credentials and account identifiers, where applicable;
details about the use of a website obtained by means of cookies or similar tools;
Internet Protocol (IP) address, browser type, regional settings, mobile carrier;
any other personal information provided.
3. The Purposes for which we Collect Personal Information
We collect Personal Information for the following purposes:
to provide, operate, maintain, and improve our Services, Website and business operations;
to process transactions;
to communicate with you regarding the Services and to respond to your requests;
where permitted by law, to send marketing and promotional communications;
to analyze usage of the Services for analytics, statistical, product development, and service improvement purposes;
to protect the security and integrity of the Services, including detecting and preventing fraud, misuse, and unauthorized activity;
to comply with legal, regulatory, and risk management obligations;
to evaluate employment applications, where applicable;
to maintain records of involvement in Services and contact information for future projects;
for any purpose permitted or required by applicable law; and
for any other purpose to which you have consented.
4. Means by which we Collect Personal Information
We primarily collect Personal Information directly from you when you use the Services, communicate with us, or submit information through our Website, including when you complete forms, request support, or participate in features of the Services.
We may also collect Personal Information from third-party sources such as service providers, partners, or publicly available sources, where such collection is permitted by law and consistent with this Policy.
We also collect certain Personal Information automatically through cookies and similar technologies when you visit our Website. Cookies are small text files or strings that a website can send to your device to identify your web browser and collect information about how you use the Website and interact with its features, including IP address, type of operating system, pages visited, requests made, and dates and times of connections. The use of cookies does not allow us or our service providers to identify you specifically, nor does it give us access to your device or any information other than the data you choose to share with us. Cookies help us improve our Website.
We use both strictly necessary cookies, which are required for the Website to function properly, and optional cookies, such as analytics and marketing cookies, including those provided by third-party analytics or service providers, which help us understand usage of the Services and improve functionality. Where required by applicable law, optional cookies or similar technologies are used only with your consent. You may accept or refuse such cookies through the cookie banner displayed when entering our Website, or adjust your browser settings to manage or delete cookies at any time. Please note that if you choose not to accept certain cookies, you may not be able to access or fully experience certain features of our Website.
5. Outsourcing, Storage and Transfers of Personal Information
We may disclose the Personal Information we have collected to third parties in the following circumstances:
to service providers in connection with our Services and business, including hosting, cloud storage, data processing, payment processing, analytics, marketing, and customer support;
to a licensor, supplier, retailer, or other organization in the provision of Services;
to affiliates or partners in connection with the Services or our business;
to third-party platforms for marketing or content distribution, in accordance with applicable law;
to comply with legal obligations or lawful requests;
to protect rights, safety, or security;
in connection with a business transaction such as a merger, acquisition, financing, or sale of all or part of our assets; and
any other circumstances to which you have consented or as permitted by applicable law.
Personal Information processed through the Services is primarily stored and hosted in Canada. In limited circumstances, certain service providers may access, process, or store Personal Information outside of Canada where necessary to support the operation of the Services.
Where required by applicable law, including Québec privacy legislation, we conduct privacy impact assessments prior to the transfer of Personal Information outside of Québec or Canada, and implement appropriate contractual, technical, and organizational safeguards to ensure that the Personal Information receives a level of protection consistent with applicable Canadian data protection laws. This may include the use of standard contractual clauses or other recognized mechanisms, where appropriate.
Where Personal Information is processed outside of Canada, it may be subject to the laws of the foreign jurisdiction, including lawful access by courts, law enforcement, or governmental authorities in that jurisdiction.
6. Your Consent under this Policy
We will not collect, hold, use or disclose your Personal Information without your consent unless it is authorized or required to do so by applicable law. By using our Services, or by otherwise submitting your Personal Information to us, you acknowledge and agree that your Personal Information will be collected, used, and disclosed in accordance with this Policy and as required or permitted by applicable law.
If you provide Personal Information concerning another individual to us, you represent that, prior to submitting such Personal Information, you have obtained the necessary consent or authority to permit us to collect, use and disclose such Personal Information for the purposes set out in this Policy, or that such collection, use and disclosure are permitted by applicable law.
You may vary or withdraw your consent to the use and disclosure of your Personal Information, or opt-out of certain uses and disclosures, subject to legal and contractual restrictions as well as to applicable law. Please note that the withdrawal of your consent may prevent us from providing or continuing to provide our Services or access to our Website.
Email marketing communications. We may send you marketing and promotional communications, including emails, SMS, or other electronic messages, in accordance with applicable law, including Canada's Anti-Spam Legislation (CASL), where applicable. We will obtain express consent before sending commercial electronic messages unless implied consent applies under CASL (for example, where an existing business relationship exists). If you no longer wants to receive such communications, they may click on the "unsubscribe" link in such communications to opt out of future marketing messages.
If you require any assistance in understanding the scope of the consent being sought or to vary or withdraw your consent, please contact our Privacy Officer using the contact information in Section 12.
7. Your Rights
Depending on your jurisdiction of residence and the applicable privacy laws, you may have certain rights regarding your Personal Information. The rights described in this Section are not exhaustive and may be supplemented by other rights available under applicable law.
We may request certain Personal Information for the purpose of verifying the identity of the person seeking to exercise their rights.
7.1. Canada
If you are a resident of Canada, or if Canadian privacy laws otherwise apply to you, the collection, use, and disclosure of your Personal Information are governed by applicable Canadian privacy laws, including the federal Personal Information Protection and Electronic Documents Act (commonly referred to as "PIPEDA"), and applicable provincial privacy legislation, including the Quebec Act respecting the protection of Personal Information in the private sector (commonly referred to as "Law 25"), the Alberta Personal Information Protection Act, and the British Columbia Personal Information Protection Act, and any other provincial laws applicable to NTD Apparel's operations. This Policy is intended to comply with and is subject to the requirements of applicable Canadian federal and provincial privacy laws.
You have the following rights regarding your Personal Information, subject to certain limitations and exceptions provided by applicable law:
to access and obtain a copy of the Personal Information we hold about you, and, where applicable, to request that such information be communicated to you in a structured, commonly used technological format or transferred directly to another organization, where technically feasible and subject to applicable law;
to have the Personal Information we have about you rectified, amended and updated if it is incomplete, ambiguous, out of date or inaccurate;
to request the deletion of your Personal Information when: i) the retention of the information is no longer justified for the purpose for which it was collected; and/or, if you are a Quebec resident, ii) the information was not collected in a lawful manner; and/or iii) it is obsolete; and
to withdraw or change your consent to our processing of your Personal Information, subject to applicable legal and contractual restrictions. In some instances, withdrawing your consent may result in us no longer being able to provide our Services or access to our Website; and
to withdraw or change your consent to our processing of your Personal Information, subject to applicable legal and contractual restrictions. In some instances, withdrawing your consent may result in us no longer being able to provide our Services.
We may request certain Personal Information for the purpose of verifying the identity of the person seeking to exercise their rights.
7.2. United States (U.S.)
Certain U.S. state privacy laws, including the California Consumer Privacy Act and the California Privacy Rights Act, as well as similar laws enacted in other U.S. states, may grant individuals rights regarding Personal Information. This subsection applies to the extent that such laws are applicable.
Subject to applicable law, you may have the right to:
access the Personal Information we collect, use, or disclose, or request information about it;
request the correction of inaccurate Personal Information;
request the deletion of your Personal Information;
obtain a copy of your Personal Information in a portable format;
refuse certain practices, including targeted advertising, profiling, or the sale or sharing of Personal Information as defined by applicable law; and
not be discriminated against for exercising your rights.
California residents may also have rights under Section 1798.83 of the California Civil Code (also known as the “Shine the Light Law”) regarding certain disclosures of Personal Information for direct marketing purposes.
In some states, you may have the right to appeal our decision if we deny a request, and we will provide you with information on how to do so when required.
Requests to exercise these rights may be submitted using the contact information provided in this Policy. We may take reasonable steps to verify your identity before acting on a request, and authorized agents may submit requests where permitted by law.
8. How we Safeguard Personal Information
In order to protect the Personal Information that is in our possession, we employ administrative, physical, and technological safeguards which are appropriate to the sensitivity of the Personal Information provided. These safeguards also prevent the accidental or unlawful destruction, loss, unauthorized alteration or disclosure, access, or misuse of the Personal Information in our possession. We follow generally accepted industry standards to protect the information that is provided during its submission and once it has been received. These include measures to deal with any suspected data breach.
Once communicated, the Personal Information is kept in an electronic file within our document management system or third-party technologies used by us, or both. Only those personnel who reasonably require the Personal Information to perform their duties are granted access to the information and they are bound by a duty of confidentiality. In the event of a data breach involving your Personal Information, NTD Apparel will notify affected individuals and relevant authorities in accordance with applicable laws.
It is important to note that, despite our best efforts to protect your Personal Information, there is a risk associated with the communication, exchange and storage of information, as no form of electronic transmission or storage is perfectly secure.
9. Links to Third-party Websites
Our Website or communications may contain links to third-party websites or services that are not owned or controlled by NTD Apparel. This Policy only applies to information collected by us for the purposes mentioned in Section 3 above.
We have no control over these third-party websites, and your use of third-party websites and features are subject to the privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Website or communications.
10. Personal Information of Children and Minors
Our Services are not directed at or intended for use by children, nor do we knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian and become aware that your child has provided us with Personal Information without your consent, please contact our Privacy Officer using the contact information in Section 12.
11. Retention and Destruction of Personal Information
The Personal Information we collect is retained for varying periods of time depending on the type of information in question and the purposes for which it is collected and used. Subject to a retention period provided for by applicable law, the Personal Information we hold is destroyed or anonymized once it is no longer necessary for the purposes for which it was collected or used, or for any subsequent compatible purpose.
12. How to Contact Us
In order to obtain more information on the Policy or the use of your Personal Information, to exercise your rights or to file a complaint, please contact our Privacy Officer at the following coordinates:
NTD Apparel Inc.
ATTN: Privacy Officer
700 Rue McCaffrey, Saint-Laurent, QC H4T 1N1
privacy@ntdapparel.com
13. Changes to this Policy
We may update this Policy from time to time to reflect changes to our privacy practices or for other operational, legal, or regulatory reasons. Changes will take effect immediately upon posting on the Website or by otherwise notifying you. Where required, we will obtain your consent to material changes. Otherwise, your continued use of our Services or provision of Personal Information after such changes take effect constitutes your acknowledgment of the updated Policy. We encourage you to review this Policy periodically.