Privacy Policy

Last updated: January 2024

PRIVACY POLICY

Thank you for visiting www.midwaynissan.ca (the “Website”), provided to you by Midway Nissan (“we”, “our” and “us”). We respect the privacy of every individual who visits the Website and are sensitive to privacy issues on the Internet. We believe it is important that you know how we deal with information received about you.

This privacy policy (the “Privacy Policy”) explains:

  • how we collect, use, disclose, and protect the personal information of our customers and Website users ("you" and “your”);
  • describes the types of information we may collect from you or that you may provide to us;
  • sets out our practices for collecting, using, maintaining, protecting, and disclosing that information; and
  • discusses the choices you have with respect to accessing, updating, and removing your personal information from our services.

During the course of our various activities, we may gather and use Personal Information (as defined below) through our Website, mobile sites, applications, tools, in-store services, loyalty and rewards programs, and other services that we provide to our customers and Website users (collectively, the “Services”). This information may be obtained directly from you or collected from third parties that have the right to disclose this information to us. Our Privacy Policy regarding how Personal Information entrusted to us is collected, used, disclosed, or retained reflects the principles set forth in Canada’s Personal Information Protection and Electronic Documents Act.

We do not knowingly collect Personal Information directly from children under the age of 13; the Website is for general audiences and is not specifically targeted to or intended for use by children.

We will only use your personal information in accordance with this Privacy Policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is accurate, relevant,  and used only for the purposes defined herein or otherwise defined at the time of collection. Privacy laws in Canada generally define "Personal Information" as information about an identifiable individual.

This Privacy Policy is incorporated into and considered a part of the Website Terms and Conditions of Use, located at https://www.midwaynissan.ca/en/terms-of-use (the “Terms”)

CONSENT FOR PERSONAL INFORMATION

By accessing or using the Services, you are accepting the practices described in this Privacy Policy, and you are consenting to our processing of your information as set out in this Privacy Policy.

Further, by providing us with your Personal Information through the Website or any other method, you consent to the collection, use, and disclosure of such information in accordance with this Privacy Policy or for the purposes identified to you at the time you provided the Personal Information. Any secondary use of the Personal Information will only be processed with your express consent, except as required by law.

We may modify or update this Privacy Policy from time to time; if we change this Privacy Policy in a manner that materially impacts your privacy rights, we will provide a notice to you. The most current version of this Privacy Policy will govern our use of your personal information. Your continued use of our Services after any modification to this Privacy Policy will constitute your acceptance of such modification. However, when required by law, we will confirm your consent to the revised Privacy Policy terms.

You have the opportunity to withdraw your consent, or to opt-out at any time. If you wish to withdraw your consent or to opt-out at any time, including to remove yourself from any email/mailing list, please contact us as set out in the “How to contact us” section below.

WHAT INFORMATION DO WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including:

  • Customer and User Information. This is information that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, email address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information, and any other identifier we may collect to contact you online or offline.
  • Statistical and Aggregated Information. Information that does not directly reveal your identity or directly relate to an identified individual, such as statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website feature.
  • Usage Information. This includes your login information, Internet Protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating systems, browser and platforms, or information about your Internet connection, the equipment you use to access the Website, Uniform Resource Locators (URLs), clicks to, through and from our Website (including dates and time), products you viewed or searched for, page response times, download or other errors, length of visits, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

HOW WE COLLECT YOUR INFORMATION

INFORMATION YOU PROVIDE TO US

The information we collect directly from you may include:

  • In-Store: When you visit one of our stores, we may ask you for certain information while you interact with one of our representatives. This may include contact information, payment information, product information and other information you provide when you purchase a vehicle or service from us, and when you finance your lease or purchase through our partners, including your name, email address, address, phone number and financial information.
  • Online Accounts: If you sign up for an online account through the Website, we may ask you to provide your username, password, email address, phone number, payment card information, product preferences, past purchases.
  • Marketing Communications: If you would like to receive marketing communications from us, you may do so by signing up on the Website or in our stores. We will ask you to provide your email address or phone number so we can send you marketing materials.
  • Communicating with us: When you contact us about a customer service issue, or to make other inquiries, we collect the content of those communications, and any additional information about the method of communication such as phone, SMS, email, chat, or through social media platforms. For example, if you email us, we will collect your email address, if you send us a text message, we will collect your phone number, and so on.
  • Loyalty & Rewards Programs: If you enroll in a loyalty or rewards program, we collect information such as your name, email, telephone number, or mailing address in order to track your rewards and allow you to redeem them across our brands.
  • Other information you provide online: This includes information provided when you subscribe to our service, post material, or request further services, such as a quote. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.

INFORMATION WE COLLECT WHILE YOU INTERACT WITH US THROUGH COOKIES AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES

  • As you navigate through and interact with the Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website as well as information about your computer and Internet connection, including your IP address, operating systems, and browser type.
  • We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking). Please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioural tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioural tracking.
  • The information we collect automatically is statistical data and does not include Personal Information. However, we may maintain it or associate it with Personal Information we collect in other ways that you provide to us, or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns, store information about your preferences, allowing us to customize the Website according to your individual interests, speed up your searches and recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.
  • Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings that are used for browser cookies.
  • Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that allow us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

INFORMATION WE COLLECT ABOUT YOU FROM THIRD PARTIES

We may receive Personal Information about you from various third parties and public sources, such as credit card issuers, financial partners and data analytics firms. We may collect information about you in connection with investigations into fraudulent or criminal activities on the Website and in our stores. We may also collect information from other sources, including for example, joint marketing partners, data analytics firms, public databases, publicly available social media pages, and other third parties we work with.

  • Google Analytics. We use Google Analytics and web analytics services provided by Google Inc. to help us measure traffic and usage trends. Google Analytics sets a cookie to evaluate your use of the Website and compile reports for us on activity on the Website to help us understand how visitors engage with the Website and track visitor interactions. Google Analytics collects information anonymously and without identifying individual visitors. Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google states that it will not associate your IP address with any other data held by Google. By accessing this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google Analytics uses its own cookies to store information, such as what time the visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser https://tools.google.com/dlpage/gaoptout?" \t "_blank, which prevents Google Analytics from collecting information about your website visits. Learn more about the Google Analytics Opt-out Browser Add-on and other Google Analytics privacy information here: https://support.google.com/analytics/answer/6004245.
  • Facebook Conversion Tracking Pixel. We also use Facebook Pixel. This tool allows us to understand and deliver ads and make them more relevant to you. The collected data remains anonymous, and we cannot see the personal data of any individual user. However, the collected data is saved and processed by Facebook. Facebook may be able to connect the data with your Facebook account and use the data for their own advertising purposes (in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/). Facebook has ultimate control of the information gathered through Facebook Pixel. You can opt out of Facebook’s use of cookies and Facebook Pixel through settings on your Facebook Account.
  • Microsoft Bing UET. Our Website also uses Bing Ads' technology to collect and store data to create usage profiles using pseudonyms. This is a service of Microsoft Corporation. This service allows us to track activity on our Website of users that reached our website through advertisements by Bing Ads. If you reach our Website through such an ad, a cookie will be placed on your computer. There is a Bing UET tag integrated on our Website. This is a code used to store some non-personal information in connection with the cookie about the use of the Website. This includes, among other things, the time spent on the Website, which areas of the Website were accessed and the ad that brought users to the website. Information about your identity will not be collected. The collected information is transmitted to Microsoft servers in the USA and stored there for a maximum of 180 days. You can prevent the collection of data generated by the cookie and related to your use of the Website as well as the processing of this data by deactivating the storage of cookies. This may limit the functionality of the site. In addition, through cross-device tracking, Microsoft may be able to track your usage behaviour across multiple of your electronic devices, enabling it to display personalized advertising on or in Microsoft websites and apps. You can disable this at http://choice.microsoft.com/en-us/opt-out. For more information about Bing's analytics services, visit the Bing Ads Web site (https://help.bingads.microsoft.com/#apex/3/en/53056/2). For more information about privacy at Microsoft and Bing, see the Microsoft Privacy Policy (https://privacy.microsoft.com/en-us/privacystatement).

WHY WE COLLECT YOUR INFORMATION

We collect your information, including your Personal Information, to manage our business and to maintain and develop commercial relationships with you. We will collect, use, and disclose such information only to the extent that is necessary for those purposes.

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To present the Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it, such as facilitating the administration of your purchases, lease, warranty, maintenance program and any recall notices.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts with you or to comply with legal requirements.
  • To notify you about changes to the Website.
  • To communicate to you about products or services we offer, if you have provided your consent to receive such information.
  • To improve the Website, products or services, marketing, or customer relationships and experiences.
  • To allow you to participate in interactive features, social media, or similar features on the Website.
  • To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

You may, at any time, choose to opt-out of receiving any marketing communications by clicking the unsubscribe button that is located at the bottom of each email sent from us to you.

HOW WE USE AND SHARE YOUR INFORMATION

Personal Information submitted to us through the Website is used in accordance with this Privacy Policy. 

Any Personal Information submitted through the Website is kept confidential unless disclosed in accordance with your consent or legal requirements. In any event, any Personal Information provided on the Website by a user is voluntary: any Personal Information provided by a user is submitted at their discretion. Please note that revoking your consent may result in not being able to access or utilize certain Website features. 

We will not rent or sell your information to third parties without your consent. We only share your data as specifically provided in this Privacy Policy.

We may provide your data, including your Personal Information, to our affiliated companies and brands, to third parties who provide services to you or us, such as Solutions Medias 360 Inc., who developed and operates this Website, to promotional partners, to social media companies, or to other third parties as needed to carry out our business, or comply with a legal obligation.

We may also share certain information about you with the manufacturer or any financial institution involved in your acquisition of a vehicle. Prior to sharing any Personal Information about you with these partners, we will request your authorization. Please note that each such establishment sets forth its own privacy policy and we disclaim any liability relating to such policies.

We may aggregate and anonymize your Personal Information using secure, industry-accepted practices to ensure that the information will no longer be considered Personal Information. We use aggregated, anonymized information to generate analytical data for research and development purposes. For example, we may calculate the percentage of our site users who have a particular telephone area code.

OTHER DISCLOSURES

In addition to any disclosure you may have consented to or permitted under the terms of this Privacy Policy, we may transfer your data, including Personal Information to third parties in the following limited circumstances:

  • information you expressly consent to be shared;
  • when relating to anonymized information (individuals cannot be identified by it);
  • when you decide to make the information indexable by search engines, to share or to distribute the information to people or otherwise to make it available to the public;
  • to satisfy any applicable law, regulation, legal process or enforceable governmental request within or outside your country of residence when we have a good faith belief that the law requires it;
  • to enforce this Privacy Policy, the Terms, or an agreement, including investigation of potential violations thereof;
  • to detect, prevent, or otherwise address fraud, security or technical issues, or protect the operations or you;
  • to protect our rights, property or safety as well as yours, the public, or others;
  • in connection with an acquisition, merger, change in control, debt financing, reorganization, sales of assets, bankruptcy or other change of our’ corporate structure or status; or
  • as necessary in connection with the performance of services or solutions requested by customers or Website users, or as otherwise appropriate in connection with a legitimate need.


HOW WE STORE AND SECURE YOUR INFORMATION

INFORMATION SECURITY

We are committed to protecting the confidentiality, integrity, availability and privacy of your Personal Information. We have put appropriate physical, technological and procedural security measures in place designed to help prevent your Personal Information from being lost, used, modified or accessed in an unauthorized way, or improperly disclosed. Examples of such measures include restricted access to offices, training of personnel, and using passwords and well-defined internal policies and practices. We also use encryption technology and Secure Socket Layers ("SSL") in all areas of the Website where your personal account information is required, which means the Personal Information you submit to us via the Website is encrypted by your computer and decrypted again on our side. Your personal account information and transaction history are kept behind a firewall.

In addition, we limit access to your Personal Information to those employees, agents, contractors and third parties who have a business need-to-know. They will be required to process your Personal Information only on our instructions and they are subject to an obligation of confidentiality. Our service providers are required to maintain adequate security protections in place designed to help safeguard your Personal Information and are not permitted to use it for any purpose other than fulfilling services to us.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Any transmission you provide is at your own risk. Once we have received your information, we will apply our security practices to try to prevent unauthorized access, use and/or disclosure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “How to contact us” section below.

We shall comply with, and provide Website users with, reasonable assistance in complying with applicable laws with respect to any unauthorized use, access, or disclosure of Personal Information.

INFORMATION RETENTION

We will retain your Personal Information for as long as it is needed to:

  • to provide the products and services that you have requested;
  • to communicate with you about a purchase or a request you have made to us;
  • to manage your choices and rights you have exercised pursuant to this Privacy Policy;
  • to enable you to maintain an account with us;
  • to comply with our legal and regulatory obligations and to demonstrate compliance; or
  • to resolve disputes and to enforce our rights and agreements.

We may retain non-personal information that has been sufficiently aggregated or anonymized for a longer period. Further, where you have consented for us to use your details for direct marketing, we will keep this data until you notify us or otherwise withdraw your consent.

Once the retention period is over, we will securely dispose of your Personal Information as provided for in our internal data retention and disposal policy. For further details on our data retention practices, please contact us.

INFORMATION STORAGE

We use facilities operated by "Amazon Web Services" located in Canada for our information storage and processing infrastructure. However, some of our service providers may process or store data outside of Canada. By providing us with any Personal Information, you understand that your information may be transferred, processed, or stored outside of Canada (including the USA, Ireland and Japan), which may have a different data protection regime from Canada. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.

YOUR RIGHTS AND ACCESS, INCLUDING ACCOUNT INFORMATION AND PROFILE/PRIVACY SETTINGS:

You can:

  • Update your account at any time by logging in and changing your profile settings.
  • Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications or by sending an email to privacyofficer@midwaynissan.ca. However, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, technical and security notices).

You also have the right to access personal information that we process about you. You can request information from us about:

  • the personal information we hold about you;
  • the categories of personal information concerned;
  • the purposes of the processing;
  • details to whom your personal information has been/will be disclosed;
  • how long we retain your personal information;
  • if we did not collect the information directly from you, information about the source; and
  • how to lodge a complaint with the correct supervisory authority.   

You may also request:

  • that we update any incomplete or inaccurate information about you; and
  • that we delete your personal information in accordance with applicable laws.

You may request we action your rights by contacting us as set out in the “How to contact us” section below. 

OTHER WEBSITES AND SERVICES - THIRD PARTY PAYMENT SERVICE

This Website contains links to other websites. They are provided for reference purposes only and may have practices and policies of confidentiality that are different from ours. We are not responsible for, and this policy does not address, the privacy practices of these other third parties, such as Nissan Facebook, Apple, Google, Microsoft, or any other app developers or social media platforms. If you wish to use one of these services, then any of your personal information collected by such third party will be subject to the third party’s privacy policy. Please check the privacy policies published on any third-party sites which you may access through the Website before submitting Personal Information to them. We have no control over, and are not responsible for this third party’s collection, use, and disclosure of your personal information.

This Privacy Policy applies solely to information collected or processed by us.

GOVERNING LAW

This Privacy Policy shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

The Website is operated by Solutions Medias 360 Inc. on behalf of Midway Nissan. Any conflict between you, us or Solutions Medias 360 Inc. is subject to the laws applicable in the Province of Ontario and the applicable laws of Canada. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto and in the Province of Ontario in respect of any action or proceeding arising out or related to the Website.

HOW TO CONTACT US

If you wish to know the nature and extent of the Personal Information that concerns you and which are stored in our database, please fill out this form and provide us with the purpose of your request and we shall reply in a timely manner in accordance with applicable law.

To update or delete any of your Personal Information in our possession, or withdraw consent for the collection, use, and/or disclosure of your Personal Information or name from an email or other mail list, or request any other action, please contact us at the below. Please understand that deleting parts of or all of your Personal Information may affect our ability to provide you with information, products, or services that you may thereafter request from us.

 

Privacy Officer

1300 Dundas St E, Whitby, ON L1N 2K5

Phone Number:1-905-668-6828

Email Address: privacyofficer@midwaynissan.ca