Privacy and Cookie Policy

Web Privacy Statement

Introduction

Bane-Welker Equipment (BWE, Bane Welker or Bane Welker Equipment) respects the privacy of the personal information of the individuals with whom we interact. We have developed this privacy statement to describe how we collect, use and disclose the personal information of those individuals who visit our website. We have developed other documents that describe our privacy policies and practices with respect to our potential, current and former employees (see our “Employee Privacy Policy”) and with respect to our customers, suppliers and other parties with whom we interact.  In addition to the practices set forth in this Web Privacy Statement, Bane Welker or certain members of the Bane Welker “Family” (OEM brands- suppliers that we carry) may adopt specific information handling and privacy practices to address privacy issues unique to their operations and jurisdictional requirements.

What is Personal Information?

Personal information is any information about an identified or identifiable individual. Personal information does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual).

What Personal Information Do We Collect?

Our web server may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page that is viewed by that IP address and what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website. In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by:

using the "contact us" portion of this website;
corresponding with a representative of BWE via e-mail using the hyperlinks created for that purpose; or
applying for a position with BWE through this website. Note that personal information collected for the purposes of applying for a position with BWE is governed by our “Employee Privacy Policy.”
We use this information to provide you with the information you requested, in anticipation of an employment contract with you, or to receive, and act upon, your feedback or issues.
In the U.S., certain states require that we make specific disclosures regarding our collection and use of personal information.

How Do We Use Cookies?

When you visit the website, we may place a "cookie" on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs.

Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (1) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (2) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you will not be able to access a number of web pages found on the website.

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.

What about Links to other Websites?

Our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. BWE is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Why Do We Collect, Use, and Disclose Personal Information?

The personal information collected is used and disclosed for our business purposes, including for those purposes explained in this privacy statement and in our External Privacy Policy and Employee Privacy Policy.

Your personal information may be shared with our employees, contractors, consultants, affiliates, and other parties who require such information to assist us with establishing, maintaining and managing our relationship with you. In some instances, such parties may also provide certain information technology and data processing services to us so that we may operate our business. We may share personal information with such parties both in and outside of your home jurisdiction, and as result, your personal information may be collected, used, processed, stored or disclosed in the United States of America.

When we share personal information with such parties, we typically require that they only use or disclose such personal information in a manner consistent with the use and disclosure provisions of this privacy statement.

In addition, personal information may be disclosed or transferred to another party in the event of a change in ownership of, or a grant of a security interest in, all or a part of Bane Welker

We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

For additional information, that may apply based on your location, please see the State Specific Addenda below.

Your Consent is Important to Us

By using our website, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this privacy statement and in our External Privacy Policy and Employee Privacy Policy.

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by going to www.bane-welker.com/contact-us in the manner described in our External Privacy Policy. Further, you can ask to see the personal information that we hold about you. For information on accessing your personal information, please see our External Privacy Policy and Employee Privacy Policy.

How is Your Personal Information Protected?

Bane Welker endeavors to maintain physical, technical, and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect your personal information from loss and unauthorized access, copying, use, modification, or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while this website strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk. Once this website receives your transmission, we make commercially reasonable efforts to ensure its security on our systems.

In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Interpretation of this Privacy Statement

Any interpretation associated with this privacy statement will be made by our Privacy Officer. This privacy statement includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation'.

BWE endeavors to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. Should there be, in a specific case, any inconsistency between this privacy statement and the applicable privacy laws, this privacy statement shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Web Privacy Policy

Introduction

Bane Welker respects the privacy of the personal information of the individuals with whom we interact. This Privacy Policy describes the personal information that BWE collects from or about you, and how we use and to whom we disclose that information.

Bane Welker has adopted a series of Privacy Policies to address the specific privacy concerns of certain groupings of individuals and specific issues relating to the use of our website. This Privacy Policy applies to the personal information of all individuals, unless the personal information:

is related to a potential, current or former employee of BWE. Employee personal information is dealt with in the BWE "Employee Privacy Policy";
is collected, used or disclosed while using the BWE website. This personal information is dealt with in the BWE "Website Privacy Statement".
If you are unsure of which Privacy Policy applies to you, please contact the office of our Privacy Officer for more information.

Organizations Covered by this Policy

Bane Welker Equipment operates within North America but can sell equipment outside the country.  
All references in this Privacy Policy to "Bane Welker Equipment, BWE, or Bane Welker ", "we", "us", "our" and like terms refer collectively to Bane Welker Equipment.

Policy of Compliance

Bane Welker endeavors to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy was developed to guide the activities of the BWE Family (OEM brands- suppliers that we carry) as a whole. In addition to the practices set forth in this Privacy Policy, BWE or certain members of the BWE Family may adopt specific information handling and privacy practices to address privacy issues unique to their operations and jurisdictional requirements.

This Privacy Policy has a limited scope and application and the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact the office of our Privacy Officer for more information.

What is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identified or identifiable individual. Personal information does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual).

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of individuals with whom we interact. This includes:

Contact and identification information, such as your name, address, telephone number and e-mail address. We use this information to contact you and communicate with you concerning normal business administration such as projects, services, and billing.
Product and service-related information concerning the products and services that we provide to, or receive from, you, including with respect to the service, maintenance and repair of such products. We use this information to repair and maintain our products and provide you with our products and services.
Credit and financial information such as your payment methods and preferences, and billing and credit history. We use this information to provide you with products or services.
Business relationship information, including information related to your agreements, preferences, advisors and decision-makers. We use this information to communicate with you concerning normal business administration such as projects, services, and billing.
Customer relationship information such as customer service requests and feed-back and information requested or provided by or from you. We use this information to receive, and act upon, your feedback or issues.
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. We may also collect information related to our media, investor and public relations activities and information related to our interactions with financial and other analysts and advisors.

In the course of conducting its business, BWE may monitor the activities of individuals in respect of its operations and its premises and property. For example, BWE locations are equipped with surveillance cameras. These cameras are generally in high-risk areas or Dealership sites. Where in use, surveillance cameras are there for the protection of employees and third parties, and to protect against theft, vandalism and damage to BWE goods and property. Generally, recorded images are routinely destroyed and not shared with third parties unless there is suspicion of a crime, in which case they may be turned over to the police or other appropriate government agency or authority.

As a general rule, BWE collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions). The third parties that we may collect information from include credit reporting agencies (for the purpose of conducting a credit check where you wish to obtain credit from us).

From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

Why Do We Collect Personal Information?

Bane Welker collects personal information to enable us to manage and develop our business and operations, including:

to establish, maintain and manage relations with you so that we may provide you with, or receive from you, the products and services that have been requested (for example, we will use your personal information to establish your identity and location so that we may accurately deliver and bill for the products and services that you request);
to be able to review the products and services that we provide to you so that we may understand your requirements for our products and services and so that we may work to improve our products and services;
to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services and work to improve the products and services that you provide to us;
to be able to inform you of our products and services other than those that you have specifically requested, including sending you information promoting our other products and services;
to be able to inform you of products and services that other members of the BWE Family or third parties that we have carefully selected as partners may wish to offer you, including sending you information promoting the products and services of those members or partners;
to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
to protect us against error, fraud, theft and damage to our goods and property;
to enable us to undertake our environmental, health and safety activities, including incident planning, response and investigation
to enable us to comply with applicable law or regulatory requirements (for example, we may collect personal information to satisfy the obligations imposed on us by various regulatory boards or agencies to follow procedures mandated by such boards or agencies in respect of the provision of our products and services); and
any other reasonable purpose provided we have a legal basis for the processing concerned, which may be your consent when required.
How Do We Use Your Personal Information?

We may use your personal information:

for the purposes described in this Privacy Policy; or
for any additional purposes for which we have a legal basis, which may be your consent to the use or disclosure of your personal information (which consent may be express, deemed or implied, as explained below) when required.
We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

When Do We Disclose Your Personal Information?

We may share your personal information with our employees, contractors, consultants and other parties (including other members of the BWE Family) who require such information to assist us with establishing, maintaining and managing our business relationship with you, including: parties that provide products or services to us or on our behalf and parties that collaborate with us in the provision of products or services to you. In some instances, such parties may also provide certain information technology and data processing services to us so that we may operate our business. We may share personal information with such parties both in and outside of your home jurisdiction, and as result, your personal information may be collected, used, processed, stored or disclosed in Canada and in the United States of America.

When we share personal information with such parties, we typically require that they only use or disclose such personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy.

Further, your personal information may be disclosed:

as permitted or required by applicable law or regulatory requirements. In such a case, we will endeavor to not disclose more personal information than is required under the circumstances;
to comply with valid legal processes such as search warrants, subpoenas or court orders;
as part of BWE's regular reporting activities to other members of the BWE Family (including outside of your home jurisdiction);
to protect the rights and property of Bane Welker
during emergency situations or where necessary to protect the safety of a person or group of persons;
where the personal information is publicly available;
with your consent where such consent is required by law.
In addition, personal information may be disclosed or transferred to another party (including to another member of the BWE Family outside of your home jurisdiction) in the event of a change in ownership of, or a grant of a security interest in, all or a part of BWE through, for an example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Your Consent is Important to Us

It is important to us that where we collect, use or disclose your personal information we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you accept our products or services, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your acceptance and use of those products or services, or for other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect the personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

As we have described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

Choice/Opt-Out

Where your consent was required for our collection, use or disclosure of your personal information, you may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to, or acquire products or services from, you. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

We assume that, unless you advise us otherwise, by receiving or reviewing this Privacy Policy or by continuing to deal with us, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

How is Your Personal Information Protected?

Bane Welker endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect your personal information from loss and unauthorized access, copying, use, modification or disclosure.

Despite these safeguards, no method of transmission over the Internet or data storage is fully secure. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

How Long is Your Personal Information Retained?

Except as otherwise permitted or required by applicable law or regulatory requirements, BWE endeavors to retain your personal information only for as long as it believes is necessary to fulfill the purposes for which the personal information was collected (including, for the purpose of meeting any legal, accounting or other reporting requirements or obligations). We may, instead of destroying or erasing your personal information, make it anonymous such that it cannot be associated with or tracked back to you.

Updating Your Personal Information

Since we use your personal information to provide products and services to you, or to obtain products and services from you, it is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.

In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to Your Personal Information and Deletion of Your Personal Information

You can request access to, and rectification or deletion of personal information that we hold about you.  

To make such a request, please contact the office of our Privacy Officer using the contact information set out below.  Please note that any such communication must be in writing.  In your request, please make clear what specific personal information you would like to have accessed, rectified, or deleted. 

When requesting access to, or rectification or deletion of your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, rectify or delete, as well as to search for and provide you with the personal information that we hold about you. If you require assistance in preparing your request, please contact us at   www.bane-welker.com/contact

Your right to access, rectify, or delete the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse your request. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.   

In the event that we cannot provide you with access to, or rectification or deletion of your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

We will not discriminate against you for exercising any of your rights described in this Privacy Policy.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact the office of our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are unsatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner or supervisory authority applicable for your jurisdiction.

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information is www.bane-welker.com/contact

Revisions to this Privacy Policy

Bane Welker may from time to time make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website www.bane-welker.com and we encourage you to refer back to it on a regular basis. Any changes to this Privacy Policy will be effective from the time they are posted, provided that any change that relates to why we collect, use or disclose your personal information will not apply to you unless you consent to such change. This Privacy Policy was last revised as of the Effective Date listed at the bottom of this Privacy Policy.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by the Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation'.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon BWE any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such individual's personal information. Should there be, in a specific case, any inconsistency between this Privacy Policy and such privacy laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Effective Date  5/16/22

 

Employee Privacy Policy

Introduction

Bane-Welker Equipment (BWE, Bane Welker, Bane Welker Equipment) respects the privacy of the personal information of the individuals with whom we interact. If you are a current or former BWE employee, or a job applicant, this Privacy Policy describes the personal information that BWE collects from or about you, and how we use and to whom we disclose that information.

BWE has adopted a series of Privacy Policies to address the specific privacy concerns of certain groupings of individuals and specific issues relating to the use of our website. This Privacy Policy applies only to the personal information of all individuals who seek to be, are, or were employed by BWE (collectively, an "employee"). We have developed other documents that describe our privacy policies and practices with respect to our customers, suppliers and other parties with whom we interact (see our “Privacy Policy”) and information collected on our website (see our “Web Privacy Statement”).  If you submit a job application through our website, your personal information will be processed in accordance with both the Employee Privacy Policy and Web Privacy Statement.

If you are unsure of which Privacy Policy applies to you, please contact the office of our Privacy Officer for more information.

Organizations Covered by this Policy

Bane Welker Equipment operates within North America but can sell equipment outside the country.  
All references in this Privacy Policy to "Bane Welker Equipment, BWE, or Bane Welker ", "we", "us", "our" and like terms refer collectively to Bane Welker Equipment.

Policy of Compliance

BWE endeavors to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy was developed to guide the activities of the Bane Welker “Family” (OEM brands- suppliers that we carry) as a whole. In addition to the practices set forth in this Privacy Policy, BWE or certain members of the BWE Family may adopt specific information handling and privacy practices to address privacy issues unique to their operations and jurisdictional requirements.

This Privacy Policy has a limited scope and application and the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact the office of our Privacy Officer for more information.

What is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identified or identifiable individual. Personal information does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual).

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of those individuals who seek to be, are, or were employed by us. This includes personal information contained in:

resumes and/or applications;
references and interview notes;
photographs and video;
letters of offer and acceptance of employment;
mandatory policy acknowledgement sign-off sheets;
payroll information; including but not limited to social insurance number, pay cheque deposit information, and GRRSP/ESP information;
wage and benefit information;
forms relating to the application for, or in respect of changes to, employee health and welfare benefits; including, short and long term disability, medical and dental care;
beneficiary and emergency contact information;
background screening information; and
drug test results.
In addition to the examples listed above, personal information also includes information such as name, home address, telephone, personal email address, date of birth, employee identification number and marital status, and any other information necessary to BWE's business purposes, which is voluntarily disclosed in the course of an employee's application for and employment with Bane Welker . Personal information collected for employment purposes is considered “employment data.”

As a general rule, BWE collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).

From time to time, we may utilize the services of third parties (including other members of the BWE Family) in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

In the U.S., certain states require that we make specific disclosures regarding our collection and use of personal information. For additional information, that may apply based on your location, please see the State Specific Addenda below.

How Do We Use Personal Information?

Employment data is used and disclosed for our business purposes, including establishing, managing or terminating your employment relationship with Bane Welker. Such uses include:

determining eligibility for initial employment, including the verification of references and qualifications;
administering pay and benefits;
processing employee work-related claims (e.g. worker compensation, insurance claims, etc.)
establishing training and/or development requirements;
conducting performance reviews and determining performance requirements;
assessing qualifications for a particular job or task;
gathering evidence for disciplinary action, or termination;
establishing a contact point in the event of an emergency (such as next of kin);
complying with applicable labor or employment statutes;
compiling directories;
ensuring the security of company-held information;
such other purposes as are reasonably required by BWE in connection with your employment; and 
for any additional purposes that we advise you of and for which we have a legal basis, which may for instance be your consent when such consent is required by law.
We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

Monitoring

The work output of BWE's employees, whether in paper record, computer files, or in any other storage format belongs to us, and that work output, and the tools used to generate that work output, are always subject to review and monitoring by Bane Welker.

In the course of conducting our business, we may monitor employee activities and our premises and property. For example, some of our locations are equipped with surveillance cameras. These cameras are generally in high-risk areas or plant sites. Where in use, surveillance cameras are there for the protection of employees and third parties, and to protect against theft, vandalism and damage to BWE's goods and property. Generally, recorded images are routinely destroyed and not shared with third parties unless there is suspicion of a crime, in which case they may be turned over to the police or other appropriate government agency or authority. Pursuant to our Acceptable Use of Computer Systems, Equipment, Infrastructure and Internet Systems Policy, we have the capability to monitor all employees' computer and e-mail use.

This section is not meant to suggest that all employees will in fact be monitored or their actions subject to constant surveillance. We have no duty to so monitor. It is meant to bring to your attention the fact that such monitoring may occur and may result in the collection of personal information from employees (e.g. through their use of our resources). When using BWE equipment or resources employees should not have any expectation of privacy with respect to their use of such equipment or resources.

When Do We Disclose Your Personal Information?

We may share your personal information with our employees, contractors, consultants and other parties (including other members of the BWE Family) who require such information to assist us with establishing, managing or terminating our employment relationship with you, including: parties that provide products or services to us or on our behalf and parties that collaborate with us in the provision of products or services to you. In some instances, such parties may also provide certain information technology and data processing services to us so that we may operate our business. We may share personal information with such parties both in and outside of your home jurisdiction, and as result, your personal information may be collected, used, processed, stored or disclosed in Canada and in the United States of America

When we share personal information with such parties we typically require that they only use or disclose such personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy.

In addition, personal information may be disclosed or transferred to another party (including to another member of the BWE Family outside of your home jurisdiction) in the event of a change in ownership of, or a grant of a security interest in, all or a part of BWE through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Further, your personal information may be disclosed:

as permitted or required by applicable law or regulatory requirements. In such a case, we will endeavor to not disclose more personal information than is required under the circumstances;
to comply with valid legal processes such as search warrants, subpoenas or court orders;
as part of BWE's regular reporting activities to other members of the BWE Family (including outside of your home jurisdiction);
to protect the rights and property of BWE;
during emergency situations or where necessary to protect the safety of a person or group of persons;
where the personal information is publicly available; or
with your consent where such consent is required by law.
We do not sell personal information subject to this privacy policy to third parties.

Notification and Consent

Privacy laws do not generally require BWE to obtain your consent for the collection, use or disclosure of personal information for the purpose of establishing, managing or terminating your employment relationship. In addition, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

To the extent that your consent is required, we will assume, unless you advise us otherwise, that you have consented to BWE collecting, using and disclosing your personal information for the purposes stated above (including any other purposes stated or reasonably implied at the time such personal information was provided to us).

Where your consent was required for our collection, use or disclosure of your personal information, you may, at any time, subject to legal or contractual restrictions and reasonable notice, withdraw your consent. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

How is Your Personal Information Protected?

BWE endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect your personal information from loss and unauthorized access, copying, use, modification or disclosure.

Despite these safeguards, no method of transmission over the Internet or data storage is fully secure. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

How Long is Your Personal Information Retained?

Except as otherwise permitted or required by applicable law or regulatory requirements, BWE endeavors to retain your personal information only for as long as it believes is necessary to fulfill the purposes for which the personal information was collected (including, for the purpose of meeting any legal, accounting or other reporting requirements or obligations). We may, instead of destroying or erasing your personal information, make it anonymous such that it cannot be associated with or tracked back to you.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of your employment, please keep us informed of such changes.

In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to Your Personal Information and Deletion of Your Personal Information

You can request access to, and rectification or deletion of personal information that we hold about you.  Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing. For additional information, that may apply based on your location, please see the State Specific Addenda below. 

To make such a request, please contact the office of our Privacy Officer using the contact information set out below.  Please note that any such communication must be in writing.  In your request, please make clear what specific personal information you would like to have accessed, rectified, or deleted. 

When requesting access to, or rectification or deletion of your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, rectify or delete, as well as to search for and provide you with the personal information that we hold about you. If you require assistance in preparing your request, please contact the office of our Privacy Officer.   

Your right to access, rectify, or delete the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse your request. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.   

In the event that we cannot provide you with access to, or rectification or deletion of your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

We will not discriminate against you for exercising any of your rights described in this Privacy Policy.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact the office of our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are unsatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner or supervisory authority applicable for your jurisdiction.

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information is on our website or by clicking here www.bane-welker.com/contact

Revisions to this Privacy Policy

Bane Welker may from time to time make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will communicate any revised version of this Privacy Policy. Any changes to this Privacy Policy will be effective from the time they are communicated, provided that any change that relates to why we collect, use or disclose your personal information will not apply to you, where your consent is required to such collection, use or disclosure, until we have obtained your consent to such change. This Privacy Policy was last reviewed as of the Effective Date set forth below. 

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by the Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation.

This Privacy Policy does not create or confer upon any individual any rights or impose upon BWE any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such individual's personal information. Should there be, in a specific case, any inconsistency between this Privacy Policy and such privacy laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Effective Date

May 16,2022