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Privacy Statement

Updated: 2024-01-31

Your privacy is important to Ziptrek® Ecotours Inc. (collectively “Ziptrek”, “we”, “us” or “our”). This Privacy Statement explains how and why we handle personal information in connection with our business activities in Whistler, British Columbia, Canada, and our products and services, including our Ziptrek tours and our websites (accessible at whistler.ziptrek.com).

By providing (or authorizing another person or organization to provide) your personal information to Ziptrek, including when you purchase or use Ziptrek’s products or services, you consent to the collection, use, disclosure, and retention of your personal information by or on behalf of Ziptrek as described in this Privacy Statement and as otherwise permitted by applicable law. Section 8 of this Privacy Statement explains how you can withdraw your consent.

1. Application and scope of this Privacy Statement

This Privacy Statement applies to you if you: (a) purchase or use our products or services; (b) access or use any of our websites that display or link to this Privacy Statement; (c) provide, or authorize another person or organization to provide, personal information to us; (d) sign up to receive or respond to our promotional emails or other marketing activities; or (e) apply for a career opportunity with us.

This Privacy Statement describes our policies and practices with respect to our handling of personal information. This Privacy Statement also describes the rights and choices you have regarding your personal information. In some circumstances, at the time of collection of your personal information, we may provide you with additional information regarding our handling of your personal information.

In this Privacy Statement, reference to our “products and services” includes our tours and related products (e.g., logo wear and rental equipment) and services, our websites, and ancillary services (e.g., reservation services).

2. Your consent

This Privacy Statement explains how and why we handle personal information in connection with our business activities in Whistler, British Columbia, and our products and services, and is made available to you by appropriate means before or when we collect your personal information. By providing (or authorizing another person or organization to provide) your personal information to us, you consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Statement and as otherwise permitted by applicable law. We might also obtain your additional consent in certain circumstances, including when required by law, to collect, use, disclose or retain your personal information for other specific purposes.

You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to us, but then you might not be able to proceed with your intended interactions or transactions with us or otherwise receive the full benefit of our products and services. Please refer to Section 8 of this Privacy Statement to learn about withdrawing your consent.

In addition, where permitted by applicable law, we may collect, use, disclose and retain your personal information without your consent.

3. What is "personal information"?

In this Privacy Statement, “personal information” means information about an identifiable individual (i.e., a natural person), but does not include (to the extent permitted by applicable law) information that is: (a) anonymized (including as a result of aggregation) so that the information cannot be directly or indirectly associated with an identifiable individual; (b) business contact information that enables an individual to be contacted at a place of business; or (c) not subject to regulation by Canadian personal information protection laws, including certain publicly available information (e.g., information in a telephone directory).

4. What kinds of personal information does Ziptrek collect?

Depending on your interactions with us and your use of our products and services, we may collect your contact information, information to identify you (e.g., your birth date), transactional and payment information, technical information related to your use of our products and services, and information relating to your application for a career opportunity with us. We may also collect your personal information that is included in monitoring and surveillance recordings. We collect personal information in a variety of ways as explained in section 5 of this Privacy Statement, and we may combine your personal information collected from various sources.

We may collect the following personal information about you depending on your interactions with us and your use of our products and services:

  • Identifiers and contact information, such as your full name, email address, postal address, telephone numbers and other information you provide to us when you contact us.
  • Transactional information, such as details about your purchase or use of our products and services and your payment information (including your credit or debit card details).
  • Your image (in photographs and video) and voice collected automatically by monitoring and surveillance recordings at our facilities and services.
  • Internet or other electronic network activity information (i.e., technical information when you access or use our websites), such as your IP address, device ID, browser type, operating system, device type, data about the pages you access on our websites or the functionalities used on our websites, language preferences, email bounce backs, click-throughs, general geographic information, and clickstream data.
  • Communications that we exchange with you, including when you contact or correspond with us for customer support or otherwise interact with us by telephone, online, email, or in-person.
  • Marketing information, such as your preferences for receiving promotional communications about our products and services and details about how you engage with our communications and advertisements.
  • Professional and career-related information and other information you submit to us when applying for a career opportunity, which may include your education and employment history, your resume, letters of reference, references, and any additional information provided by you in an application form or correspondence.
  • Any other information that you or another person or organization on your behalf provide to us.
  • Inferences drawn from your personal information, such as your preferences and interests.

5. How does Ziptrek collect personal information?

We collect personal information in various ways and from various sources, including information we collect directly or indirectly from you; information we collect from other persons and organizations, including when you authorize them to provide us with your personal information; and information we collect automatically through our websites, emails and advertisements.

In some circumstances, you may choose not to provide certain requested personal information or withdraw your previous consent to the collection of your personal information, but then you may not be able to purchase, receive, or use our products or services or otherwise receive the full benefit of our products and services (including certain features of our websites).

A. Directly from you

We may collect your personal information directly from you. For example, when you:

  • register for or apply to purchase or use our products or services, including when you sign required applications, releases, and waivers;
  • purchase or use our products or services;
  • subscribe to our newsletters or other commercial electronic communications;
  • contact, correspond or otherwise communicate with us, including when you request customer support, make an inquiry or complaint, apply for employment, or report an incident or problem with our products or services.

If you give us the personal information of another individual, then you must take all measures, including obtaining the individual’s valid consent, to ensure that you have the lawful right to collect and disclose the information to us and for us to collect, use, disclose and retain the personal information as explained in this Privacy Statement.

b. Indirectly from you

We may collect your personal information from other persons or organizations you authorize to provide the information to us, including:

  • persons and organizations that purchase our products and services on your behalf or for your use; and
  • resellers, travel agents, tour operators, and customer group organizers.

c. Collection at facilities/services

We collect information regarding access to and use of our facilities and services. The information may be collected manually or using automated technologies (including monitoring and surveillance systems). Some of the information automatically collected by technological means at our facilities and services is non-personal information (because the information does not identify an individual), and we will handle that non-personal information as explained in Section 13 of this Privacy Statement unless applicable law requires otherwise.

For more information about the technologies we use to collect information through our websites, email messages, and advertisements, and how you can manage your choices, see Section 8 of this Privacy Statement.

e.  From independent or public sources

We may collect your personal information from independent sources, including:

  • social media (e.g., Twitter, Facebook and LinkedIn) and review sites and services (e.g., Google, Trip Advisor, and Yelp); and
  • organizations that perform background checks on job applicants.

f. Combining personal information

We may combine your personal information collected by us or on our behalf through the various sources described in Section 5

6. Why does Ziptrek collect and use your personal information?

We may collect and use your personal information: (a) for our general business and legal compliance purposes relating to or arising from our relationship and dealings with you and your use of our products and services; (b) to improve our business, products and services; (c) to provide you with personalized information about our products and services and other products and services we consider might be of interest to you; (d) for additional specific purposes we may communicate to you; and (e) as otherwise permitted by applicable law. We may use your personal information to create non-personal information. We may transfer your personal information to our service providers to assist us to use your personal information.

a.  General business and legal compliance purposes

We may collect and use your personal information for our general business and legal compliance purposes relating to or arising from our relationship and dealings with you and to provide you with products and services, including:

  • processing your transactions with us and providing our products and services to you;
  • providing you with receipts, statements, and other documents and information regarding your purchase or use of our products and services and as otherwise required by contractual or legal obligations;
  • monitoring the use of our facilities and services, maintaining the security of our facilities and services; and maintaining the safety of the public, our customers, and our employees;
  • contacting and corresponding with you regarding your transactions and your use of our products and services and to provide you with customer care services;
  • processing and responding to your inquiries, requests, and other communications (including to process your career application);
  • providing you with information (including by email and other electronic messages) regarding our business, products and services and other products and services that might be of interest to you;
  • complying with, and assessing compliance with, applicable laws, contractual and legal obligations, and our internal policies and procedures;
  • preventing, detecting, and investigating fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and
  • protecting and enforcing our rights, interests, and remedies (including the enforcement of releases and waivers) and the rights, interests, and remedies of our customers and other persons and organizations.

b.  Improving our business, products and services

We may collect and use your personal information to understand and analyze your use of our products and services with a view to improving our products and services and developing new products and services. If required by applicable law, we will use de-identified information for those purposes, so the information does not identify you directly.

Examples of our research and data analytics include:

  • analyzing customer demographics;
  • analyzing the use of our facilities and services and related equipment and technologies; and
  • using web analytics services to analyze the use of our websites.

C.  Advertising and marketing purposes

We may collect and use your personal information to provide you with customized information, offers, and promotions regarding our products and services and other products and services that might be of interest to you, through our websites and other websites, social media, and online services.

We may engage third-party advertising and social media companies to display advertisements for our products and services on websites, social media, and other online services. Those companies may use cookies and similar technologies to collect information about you and your interaction over time on their websites and online services and other websites and online services, and use that information to display advertisements that might be of interest to you. We may also share information about our customers with those companies to facilitate interest-based advertising to our customers and similar users on other websites and online services. You can learn more about your choices for limiting interest-based advertising in Section 8 of this Privacy Statement.

D.  Non-personal information

We may collect and use your personal information to create non-personal information (i.e., information that does not identify you, directly or indirectly) in accordance with applicable laws, and we may then use, disclose and retain the non-personal information as explained in Section 13 of this Privacy Statement.

E.  Service providers

We may transfer your personal information to our service providers (i.e., organizations that provide services to us) to assist us to use your personal information as explained in this Privacy Statement and as otherwise permitted by applicable law, including to help us: (i) operate our business; (ii) provide our products and services to you; (iii) process and administer release of liability waivers; (iv) provide, operate and maintain our information technology systems and services; (v) operate our websites; (vi) process reservations; (vii) process payments and complete transactions; (viii) create, print and deliver emails and documents; (ix) detect and deter fraud; (x) provide customer care services; (xi) conduct promotions, sweepstakes, contests, surveys and other advertising and marketing activities and events; and (xii) collect and analyze data.

Our service providers may be located outside Canada, as explained in Section 9 of this Privacy Statement.

7. When does Ziptrek disclose your personal information?

We may disclose your personal information: (a) for purposes relating to or arising from our relationship and dealings with you and to provide you with products and services; (b) in accordance with your additional specific consents; (c) as required or authorized by applicable law; and (d) in connection with a business transaction. We do not sell your personal information.

We have no control over, or responsibility or liability for, the collection, use, disclosure, or retention of your personal information by any of the persons and organizations to whom we disclose your personal information as explained in this section of this Privacy Statement. The collection, use, disclosure, or retention of your disclosed personal information by those persons and organizations is not subject to this Privacy Statement.

a.  General

We disclose your personal information for purposes relating to or arising from our relationship and dealings with you and to provide you with products and services (including transactions with you or on your behalf) and as otherwise explained in this Privacy Statement or permitted by applicable law. For example, we disclose your personal information to process your payments for our products and services.

B.  Additional consents

We may disclose your personal information in accordance with additional consents (express or implied) that you give during your interactions and transactions with us or other persons and organizations, including to process your payments for our products and services.

C.  Law enforcement / legal disclosures

We may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant, or court or arbitral order or litigation disclosure obligation. We may also disclose your personal information to law enforcement agencies or other independent organizations if we reasonably believe the disclosure is necessary or appropriate in connection with national security, law enforcement, or other issues of public importance (including tax and regulatory compliance), or if we reasonably believe the disclosure is necessary or appropriate to protect and enforce our rights, interests, and remedies or to protect and enforce the rights, interests, and remedies of our customers or other persons and organizations, including to detect and prevent fraud and other illegal activities, to enforce any of the terms of use, terms of service, or other agreements that govern access to or use of any of our products or services.

d.  Business transactions

We may disclose your personal information in connection with a proposed or actual business transaction in which we are involved (e.g., a corporate amalgamation, reorganization, merger, or acquisition, or the sale or transfer of some or all of our business or assets). However, we will only disclose your personal information to the extent reasonably necessary for each transaction.

e.  Advertising and marketing

We may share personal information with third-party advertising and social media companies that we engage to display advertisements for our products and services on websites, social media, and other online services. Those companies may use cookies and similar technologies to collect information about you and your interaction over time on their websites and online services and other websites and online services, and use that information to display advertisements that might be of interest to you. We may also share information about our customers with those companies to facilitate interest-based advertising to our customers and similar users on other websites and online services. You can learn more about your choices for limiting interest-based advertising in Section 8 of this Privacy Statement.

8. What are your privacy choices?

You have choices about the way we handle your personal information.

A.  Opt-out of marketing communications

You can choose not to receive our marketing or promotional messages by email or text message by clicking on “unsubscribe” in an email or text message you receive from us. It may take up to ten (10) business days to register a change to your communication preferences.

Please note that even if you indicate your choice not to receive marketing or promotional messages from us, we may still communicate with you by email or text message regarding your use of our products and services (e.g., to send you payment receipts and customer service messages) and as otherwise permitted by applicable law.

b.  Cookies and similar technologies

You can manage your preferences regarding cookies and similar technologies (including for cookies relating to advertising) using the Manage Cookies link in the footer of our website.

Most browsers let you remove or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change the settings. If you do not accept cookies, however, you may not be able to use all functionalities of our websites or our websites might not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

We use Google Analytics to help us understand the use of our websites. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

We use Meta Pixel to help us understand the effectiveness of our advertising and the actions users take on our websites or when they see our advertisements on Facebook and Instagram.

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

c.  Advertising Choices

You can limit the use of your personal information for interest-based advertising by:

d.  Your mobile device settings

Your mobile device settings may allow you to choose the way that we collect and use some of your personal information (e.g., your location) or communicate with you. Please refer to your device settings or user manual to learn about those settings.

e.  Withdrawing consent

You may withdraw your consent to our collection, use, and disclosure of your personal information as explained in this Privacy Statement at any time on reasonable written notice to us, subject to legal or contractual restrictions. To withdraw your consent, you may contact us in writing using the contact information in section 20 of this Privacy Statement.

If you withdraw your consent to our collection, use, and disclosure of your personal information for purposes that are integral to our relationship and dealings with you or your access to or use of our products and services, then you might not be able to proceed with your intended dealings with us or otherwise access, use, or receive the full benefit of our products and services.

If you withdraw your consent to our collection, use, and disclosure of your personal information for purposes that are not integral to our relationship and dealings with you or your access to or use of our products and services, then withdrawing your consent for those purposes will not affect your access to or use of our products and services.

If you withdraw your consent to our collection, use, and disclosure of your personal information, we may retain and use your personal information to comply with applicable law, to establish, enforce and exercise our rights and remedies, and for other purposes permitted by applicable law.

9. Where does Ziptrek use, process and store your personal information?

We are based in British Columbia, Canada. We and our service providers may use, process, and store your personal information at facilities in Canada and numerous other countries.

We and our service providers may use, process, and store your personal information at facilities in Canada, the United States of America, Ireland, Netherlands, Denmark, Finland, Belgium, Australia, the United Kingdom, Mauritius, Sweden and Singapore. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit the government, government agencies, courts, law enforcement agencies, and national security authorities in those countries to access your personal information without notice. By providing your personal information to us, you consent to the transfer of your personal information to facilities located in other countries and the use, processing, and storage of your personal information at those facilities.

10. How long does Ziptrek keep your personal information?

We retain your personal information for as long as necessary to achieve the purposes for which the information was collected as set out or referenced in this Privacy Statement, to comply with our legal obligations, and to enforce or protect our legal rights, or a longer period required or permitted by applicable law. We will then delete or destroy records of your personal information, or anonymize the information to use it for serious and legitimate purposes, in accordance with applicable law.

11. How does Ziptrek protect your personal information

We use reasonable safeguards appropriate to the sensitivity and amount of personal information under our legal control to help protect the personal information from unauthorized access, collection, use, disclosure, deletion, or similar risks. Nevertheless, security risks cannot be eliminated, and we cannot guarantee that your personal information will not be accessed, used, disclosed, or deleted in ways not described in this Privacy Statement.

Depending on the sensitivity and amount of personal information under our legal control, the purposes for which it is used, and the format in which it is stored, we use a combination of measures – including administrative, physical, and technical security and safeguarding measures – to help protect the security of the personal information, including:

  • Governance practices for  the protection of personal information through its lifecycle and defining the roles and responsibilities of our personnel regarding the handling of personal information.
  • Technical safeguards, such as encryption, firewalls, passwords, and antivirus software, to protect personal information collected, used, or stored in electronic format.
  • A designated Privacy Officer accountable for our compliance with applicable privacy laws.
  • Procedures for receiving, investigating, and responding to complaints or inquiries regarding our information handling practices.
  • Contractual provisions and other measures to require our service providers to whom we transfer personal information to maintain adequate privacy protections and standards.

 

12. How can you access and correct your personal information?

We will rely on you to ensure that your personal information held by us is as accurate, complete and up to date as necessary for the purposes for which we use the personal information. You must promptly notify us of any changes to your personal information using the functionalities available through our websites, by contacting our customer service representatives, or by contacting our Privacy Officer using the contact information in Section 20 of this Privacy Statement.

You may reasonably request access to your personal information under our legal control and information about our use, disclosure, and retention of your personal information by submitting a written request to our Privacy Officer using the contact information in Section 20 of this Privacy Statement. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and have the information corrected as appropriate. You might be required to pay a reasonable fee for access to your personal information. We may decline to process an access request that is unreasonably repetitive, frivolous, vexatious, or impracticable, or if we reasonably believe the requested access would infringe or jeopardize the privacy of other persons, violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

Depending on the jurisdiction where you reside, you may also be entitled to request the rectification or deletion of your personal information under our legal control if our collection, disclosure or retention of the information is not authorized by law.

13. How does Ziptrek collect and use non-personal information?

We may use your personal information to create and collect aggregated or anonymized data, so that the information no longer relates to an identifiable individual. We may use, disclose, transfer, and retain non-personal information in accordance with applicable law.

If non-personal information is combined with personal information, then we will treat the combined non-personal information as personal information for the purposes of this Privacy Statement for as long as the non-personal information is combined with the personal information.

14. How do advertised businesses handle personal information?

We have no responsibility or liability for, or control over, any independent business that is advertised by our products and services or correspondence, or their collection, use, disclosure, or retention of your personal information.

Our products and services and our correspondence (including emails) may include advertisements for independent businesses and their products and services or links to their websites. We have no responsibility or liability for, or control over, those independent businesses, their websites, products or services, or their collection, use, disclosure, or retention of your personal information. This Privacy Statement does not apply to the collection, use, disclosure, and retention of your personal information by independent businesses or through independent websites or online services. If you have questions about how those independent businesses or their websites or online services collect, use, disclose, or retain personal information, please contact the owner or operator of the independent businesses, websites, and services.

15. What about personal information posted to social media?

We have no control over, or responsibility or liability for, the collection, use, disclosure, or retention of the personal information that you post to or share in connection with social media sites.

If you use certain aspects of our websites or other services to post information to social media sites, the personal information that you post or share in connection with the social media sites is visible to other persons and can be read, collected, used, and disclosed by other persons. Any information provided to social media sites and other sites is governed by their own privacy policies. You are solely responsible for the personal information that you choose to post or share in those situations. We have no control over, or responsibility or liability for, the use, disclosure, and retention of the personal information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Privacy Statement.

16. Does Ziptrek collect children's personal information?

We do not knowingly collect personal information from children under 14 years of age without the consent of their legal guardian.

If we learn that we have inadvertently collected or received personal information from a child without required parental or guardian consent, then we will delete the information unless the parent or guardian provide the required consent or we are required by law to retain the information. If you reasonably believe we might have any information from or about a child where parental or guardian consent was required, then please contact our Privacy Officer using the contact information in section 20 of this Privacy Statement.

17. Changes to this Privacy Statement

We in our sole discretion may change this Privacy Statement from time to time. We will post each revised Privacy Statement on our website at https://whistler.ziptrek.com/privacy/, and will provide additional notice of changes to this Privacy Statement as required by applicable law. All changes to this Privacy Statement will be effective when we post the revised Privacy Statement on our websites, unless the revised Privacy Statement states otherwise. Our collection, use, disclosure, and retention of your personal information will be governed by the version of this Privacy Statement in effect at that time.

By using any of our products or services after any change to this Privacy Statement is effective, you confirm your acceptance of the change and consent to our collection, use, disclosure, and retention of your personal information as explained in the revised Privacy Statement, except as may be expressly specified in the revised Privacy Statement. It is your responsibility to ensure that you read and understand the latest version of this Privacy Statement. The “Last Updated” date of this Privacy Statement (at the top of this Privacy Statement) is the date this Privacy Statement was last revised.

18. Email notices to you

You consent to our sending you emails (to the email addresses you provide to us) regarding this Privacy Statement and related matters and as otherwise permitted by applicable law.

19. Disclaimers, liability exclusions / limitations and disputes

The agreements that you accept (or are deemed to accept) when you use our websites or purchase or use our products and services contain important provisions, including provisions disclaiming, limiting, or excluding our liability and the liability of other persons and organizations (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Statement or our collection, use, disclosure, and retention of your personal information. Nothing in this Privacy Statement amends any of those other agreements.

20. Contact us

If you have any questions or complaints about how we handle your personal information, or if you wish to withdraw your consent to our handling of your personal information, please contact our Privacy Officer by mail or email at:

Ziptrek Ecotours - Privacy Officer
PO Box 734, Whistler BC Canada
V0N 1B0
privacy@ziptrek.com
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