PRIVACY POLICY (CANADA)

Effective Date: November 7, 2024

The website www.capitolmotosports.ca (the “Site”) is operated by Capitol Motosports Ltd. (also referred to as “Capitol Motosports”, “us”, or “we”). We respect your right to control your personal information. That is why we have developed this Privacy Policy which governs and explains how we collect, use and disclose your personal information (the “Privacy Policy”).

This page contains the Privacy Policy for the Site, as well as for any other websites operated by Capitol Motosports (collectively and together with the Site, the “Sites”), and for any and all web applications regardless of function that are owned and operated by us, and for any online services offered by us (together with the Sites, the “Service”).

By accessing or using the Service, you consent to the collection, use and disclosure of personal information by Capitol Motosports in accordance with this Privacy Policy. You may choose not to provide us with personal information. However, if you make this choice, we may not be able to provide you with the application, service or information that you requested.

1. Definitions

For the purposes of this Privacy Policy, the following words have the following meanings:

“collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.

“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from a user's action or inaction.

“user” means an individual who uses the Service provided by Capitol Motosports, including anyone else who accesses or visits the Sites.

“disclosure” means making personal information available to a third party.

“employee” means an employee of Capitol Motosports, and for the purpose of this Privacy Policy only, includes agents, independent and other contractors performing services for Capitol Motosports.

“personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.

“registered user” means a user who has created and registered an account with Capitol Motosports, as well as a Subscribing Organization that has created and registered an account or accounts with Capitol Motosports.

“Subscribing Organization” a company, entity or organization, including any oil business, that has subscribed to the Service.

“third party” means an individual other than the user, or the user's agent, or an organization outside Capitol Motosports or a Subscribing Organization.

“use” means the treatment, handling and management of personal information by and within Capitol Motosports.

2. Collection

Capitol Motosports may collect any or all of the following personal information if the information is reasonably required to provide the services accessed or requested by you:

(a) information that you provide when you become a registered user or otherwise complete forms on the Service, such as your name, address, email, telephone number, country of resident and occupation;

(b) your log-in and password details in connection with your Capitol Motosports account(s), including your username;

(c) information that you provide to Capitol Motosports when you subscribe to the Service, purchase products or services through the Service or make donations through the Service such as your billing address, payment method and credit card information;

(d) your correspondence with Capitol Motosports employees, including any questions, concerns or comments you may have about the Service or problems that you report;

(e) comments, videos, photographs, and any other content or information that you may post or submit to the Service, including, but not limited to, information about your business operation, financials, and/ or human resources; and

(f) details of your requests made through the Service.

Certain purchases of Capitol Motosports products and services and donations made through the Service will be directed to and handled by third parties such as Elevon, Visa, and Mastercard. You will be bound by the privacy policies of these third party sites and services.

3. Purpose of Collection and Use of Personal Information

Capitol Motosports collects your personal information and will use your personal information as is reasonably required for the following purposes:

(a) if you are a registered user, to establish and maintain your Capitol Motosports account;

(b) to provide web applications, the Service, and/or the other services or information that you request, including, but not limited to, reports and analytics;

(c) to verify your identity if you submit comments, videos, photographs, opinions, or any other content or information to the Service;

(d) to respond to questions, comments, requests, job applications, or complaints that you submit to Capitol Motosports;

(e) to process payments made by you to Capitol Motosports and open and manage your account and transactions;

(f) to collect amounts owing from you to Capitol Motosports;

(g) to track communications with you;

(h) to protect the interests of Capitol Motosports;

(i) to analyze use of the Service and to improve the Service;

(j) to send emails, newsletters, regular mail or other communications you have consented to receive from Capitol Motosports;

(k) to provide Service-related announcements or notifications to you;

(l) to fulfill a purpose that we disclose to you when we request your personal information; and/or

(m) to meet legal and regulatory requirements.

Capitol Motosports staff are authorized to access personal information based only on their need to deal with the information for the reason(s) for which it was obtained. Personal information will only be collected and used by authorized staff in a manner consistent with the activities of Capitol Motosports.

4. Disclosure

Capitol Motosports may disclose your personal information:

(a) To its employees, agents, partners vendors/suppliers, and service providers as is reasonably necessary to enable these parties to perform a business, professional or technical support function for Capitol Motosports;

(b) To a person who, in the reasonable judgment of Capitol Motosports, is seeking the information as your agent;

(c) To a third party or parties, where you consent to such disclosure or the disclosure is required by law or who perform services on our behalf and in facilitation or furtherance of the Services;

(d) When we require legal advice from a lawyer;

(e) To protect ourselves from fraud or to investigate a breach of an agreement or a contravention of law; and

(f) In an emergency that threatens an individual's life, health, or personal security.

We may also disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

If you voluntarily submit or post any information, videos, photographs or other content (“User Content”) to the Service, certain of your personal information may be included in the posting, such as your user name and email address, and this information may be collected and used by others. Capitol Motosports has no control over and is not liable for the collection, use or disclosure of any posted User Content or your included personal information by users of the Service. The term “User Content” does not include aggregated non-personal data as described in Section 9 of this Privacy Policy.

Except as provided herein, we will not use or disclose personal information for any other purpose unless we obtain explicit consent to do so from you. We will limit the use and disclosure of personal information to the purposes for which it is collected, unless you give further consent to use or disclosure for another reason, or it is permitted or required by law.

Notwithstanding the foregoing, Capitol Motosports Ltd. may use or disclose your personal information without your consent only as authorized or required by law, which may include:

(a) The purposes described above;

(b) Where it is in your best interests and consent cannot be obtained in a timely way;

(d) Where disclosure of personal information is required by law;

(e) To protect and defend our rights or property;

(f) Where personal information is disclosed for the purpose of collecting a debt, complying with a subpoena or warrant, responding to a lawful authority for lawful purposes, complying with the law; and

(g) Where PIPEDA permits disclosure of personal information without obtaining your consent.

5. Safeguarding Your Personal Information

Capitol Motosports is committed to safeguarding your personal information. Capitol Motosports uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction regardless of the format in which it is held. The methods of protection and safeguards used by Capitol Motosports include, but are not limited to, locked filing cabinets, need-to-know access and technological measures, including the use of passwords, encryption and firewalls. While Capitol Motosports cannot guarantee that risks such as loss, theft, unauthorized access or disclosure of personal information will not occur, Capitol Motosports will make every effort to prevent such unfortunate occurrences.

Capitol Motosports takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information. Capitol Motosports also ensures that its employees with access to personal information are made aware of the importance of maintaining the confidentiality of personal information. Finally, Capitol Motosports protects personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

Capitol Motosports Ltd. will retain personal information as long as is necessary to fulfill the identified purposes, or as required by law. The retention periods for information may vary depending on legal requirements for such information.

When personal information is no longer needed, the information will be destroyed in accordance with the retention periods set out in policy or legislation. We will use care in the disposal and destruction of personal information to prevent unauthorized parties from gaining access to personal information.

6. Accuracy

Capitol Motosports Ltd. will use reasonable efforts to ensure that the personal information provided to us remains as accurate, complete and current as possible for the purpose for which it was collected. From time to time, we may be required to collect and update your personal information to comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and other legislation and regulations.

Individuals may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and must provide sufficient detail to identify the personal information and the correction being sought. Before making any changes to your personal information, we may need to confirm your identity with you.

Capitol Motosports Ltd. will provide you with access to your personal information except where we may be prohibited by law from doing so, or are permitted by law to restrict your access and have legitimate reasons for doing so.

7. Complaints

Capitol Motosports will promptly investigate all complaints concerning our compliance with the Privacy Policy and our dealings with your personal information. If a complaint is found to be justified, Capitol Motosports will take appropriate measures to resolve the complaint, including, if necessary, amending our policies and procedures. You will be informed of the outcome of the investigation regarding your complaint.

8. Withdrawing Consent

You may withdraw your consent to the collection, use or disclosure of your personal information by Capitol Motosports at any time, subject to legal or contractual restrictions and reasonable notice. In certain circumstances, your withdrawal of consent will result in the inability of Capitol Motosports to continue providing aspects of the Service to you. Please contact Capitol Motosports for more information regarding the implications of withdrawing consent.

9. Non-Personal Information

Non-personal information is information that does not identify you and which we are unable to connect to other information in order to identify you. Capitol Motosports may collect any or all of the following non-personal information:

(a) Aggregated data resulting from the combination and/or aggregation of certain raw data collected from your business (including, but not limited to, financial information and operational data) with other data in a way that no longer personally identifies the user.

(b) The Sites employ a web analytics service that uses "cookies," which are text files placed on your computer, to help the website analyze how users use the Sites. The information generated by the cookies about your use of the Sites (including your IP address) will be transmitted to and stored by web analytics service providers on servers in the United States. The web analytics service providers will use this information for the purpose of evaluating your use of the Sites, compiling reports on Sites activity for the Sites’ operators and providing other services relating to website activity and Internet usage. The web analytics service providers may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the web analytics service providers’ behalf. The web analytics service providers will not associate your IP address with any other data held by the web analytics service provider. You may refuse the use of cookies by selecting the appropriate settings on your browser: however, please note that if you do this, you may not be able to use the full functionality of the Sites. By using the Sites, you consent to the processing of data about you by web analytics service providers in the manner and for the purposes set out above.

We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by Capitol Motosports.

10. Inquiries

To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of the Privacy Policy contact:

CAPITOL MOTOSPORTS LTD.

Mailing Address: 157 St Anne's Rd, Winnipeg, MB R2M 2Z5

Telephone No.: (204) 237-6686 or 1-888-777-6714

E-mail: [email protected]

11. Unsubscribe

If you no longer wish to receive commercial electronic messages from Capitol Motosports regarding our new products or services, promotions or other similar communications, you may unsubscribe here. Please note that, after you unsubscribe, Capitol Motosports may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that Capitol Motosports is legally obligated to provide you.

12. Privacy Policy Changes

To accommodate changes in our services, changes in technology and legal developments, this Privacy Policy may change over time without notice to you. We may add, change or remove portions of the Privacy Policy when we feel it is appropriate to do so. We encourage you to review our Privacy Policy periodically. Each time you submit personal information or use the Service you agree to be bound by terms of the Privacy Policy which is then current. Whenever we update the Privacy Policy, we will change the date below to indicate when the changes were made.