Privacy Policy

Welcome to Hypex. The home of quality sneakers and street wears This Privacy Policy discloses the privacy practices for the www.hypex.ca site (referred to as Hypex) and various related services (together referred to as the “site”). We are committed to protecting your privacy online. You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an e-mail to the e-mail address listed by registered users and posting the revised Policy on the site. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your:

  • Acknowledgment of the modified Policy
  • Agreement to abide and be bound by the modified Policy.

INFORMATION COLLECTED FROM YOU

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

In order to better provide you with our services, we collect two types of information about our users: Personally Identifiable Information and Non- Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.

Personally Identifiable Information: This refers to information that let us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a user account or sending us feedback, we may ask you to provide certain information about yourself. This information may include your personal identifying information. In addition, when you create an account, you will be asked to provide Personally Identifiable Information, including your name and email address.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon your use of the site. This information is compiled and analyzed on an aggregated basis. This information may include the site’s Uniform Resource Locator (“URL”) that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol (“IP”) address.

HOW WE COLLECT INFROMATION FROM YOU

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you:

  • Register for a user account;
  • Leave feedback and/or comments;
  • sign up for special offers from us or selected third parties.

In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.

HOW WE USE INFORMATION COLLECTED

We will primarily use your Personally Identifiable Information to (a) provide our services to you, as required by our agreements with you; (b) to enhance the operation of our site; (f)improve our product and service offerings;
(g)customize our site’s content, layout, and services; (h) to deliver information to you and to contact you regarding administrative notices; (i) to troubleshoot problems and (j)enforce our agreements with you.

YOUR CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

HOW TO WITHDRAW CONSENT

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@hypex.ca.

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We or our services providers may also collect data about your use of the Services through the use of Internet server logs, cookies, JavaScript, tracking pixels, and/or other technologies. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (a) recognize your computer; (b)

store your preferences and settings; (c) understand the web pages of the Services you have visited; (d), enhance your user experience by delivering content and advertisements specific to your inferred interests; (e) perform searches and analytics; and (f) assist with security administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. We also may include Web beacons in email messages, newsletters and other electronic communications to determine whether the message has been opened and for other analytics, personalization and advertising. As we adopt additional technologies, we may also gather additional information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

We may use third parties such as network advertisers to serve advertisements on our services or on third-party services that enable us and third parties to target advertisements to you. These third parties may use cookies, JavaScript, web beacons (including clear gifs), and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third parties’ practices are governed by their privacy policies.

We may use third-party web analytics services on our Services to collect and analyze the information discussed above, and to engage in auditing, research or reporting. The information (including your IP address) collected by various analytics technologies described above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you.

NOTICE CONCERNING DO-NOT-TRACK SIGNALS

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

COOKIES POLICY

By using Hypex Site, you are consenting to our use of cookies and other tracking technology in accordance with this notice. If you do not agree to our use of cookies and other tracking technology in this way, you should set your browser settings accordingly or not use the Hypex Site. If you disable cookies that we use, this may impact your user experience while on the Hypex Site.

WHAT ARE COOKIES?

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

HOW AND WHY DOES HYPEX USE THEM?

Hypex uses cookies to gain a better understanding how visitors use this website. Cookies help us tailor Hypex websites to your personal needs, to improve their user-friendliness, gain customer satisfaction feedback on our websites (through designated partners) and to communicate to you elsewhere on the web. To enable this some cookies are applied when you enter our sites.

Hypex keeps all the information collected from cookies in a non–personally identifiable format. Hypex cookies located on your computer do not retain your name or your IP address.

WHAT TYPE OF COOKIES DOES HYPEX USE?

The following types of cookies are used on Hypex websites.

  • Necessary cookies
    These are cookies that are strictly necessary for the operation of a website. Without these cookies, this website won’t work properly. Accordingly, we are not asking you for your specific consent for those cookies. For all other cookies your informed consent is required.
  • Session cookies
    Session cookies are temporary cookie files which are erased when you close your browser. When you restart your browser and go back to the site that created that cookie, the website will treat you as a new visitor.
  • Functional/Persistent Cookies
    These are cookies which are set up to improve the functionality of the website. For example, cookies that remember the content you previously viewed on this website or the email address and password you provided when registering during an earlier visit to this website. Cookies may also remember items you have previously placed in your shopping cart while visiting Hypex website. Using Functional cookies, therefore, may allow us to serve you content tailored to your interests and save you the time of having to re-register or re-enter information when you re-visit this website or try to access certain member-only sections. On some websites, cookies enable us to store your favourite recipes, activities, points or high scores. We may also use Cookies to lockout underage users from certain activities.
  • Cookies that send information to us
    These are the cookies that we set on Hypex Site and they can only be read by that site. This is known as a "First Party" cookie.
    We also place cookies on brand ads which are placed on other websites owned by third parties. We obtain information via those cookies when you click on or interact with the advertisement. In this situation the brand is placing a “Third Party” cookie. The brand may use the information obtained by these cookies to serve you with advertising that is relevant and of interest to you based on your past online behaviour.

HOW TO CONTROL COOKIES / TURNING OFF COOKIES

If you would like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

SHARING OF YOUR INFORMATION

Except as provided in this Privacy Policy, we do not sell or share your Personally Identifiable Information with third parties for marketing purposes and only share your information as described herein. We share your Personally Identifiable Information with:

  • our server providers and processing agents;
  • service providers under contract who help with parts of our business operations such as fraud prevention, bill collection, marketing and technology services;
  • financial institutions with which we partner; and
  • other third parties with your consent or direction to do so

Without limiting the above, occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Non-Personally Identifiable Information about our users’ traffic patterns, and related site information to third party advertisers.

PAYMENT

We use secure payment partner for processing payments. We and our payment gateway partners do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved.

br> Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

UPDATING YOUR PERSONALLY IDENTIFIABLE INFORMATION We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by logging on to your account and editing your information.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.

NOTIFICATION

We may, from time to time, send you e-mail regarding our services. In addition, we and our partners may occasionally send you direct mail (including e-mail) about products and services that we feel may be of interest to you. You may unsubscribe from such e-mail messages.

THE RIGHTS OF USERS

Users may exercise certain rights regarding their Data processed by Hypex. In particular, Users have the right to do the following:

  • Right to obtain a copy of your personal information. You have the right to obtain a copy of the personal information we hold about you.
  • Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information. We will then correct out records, and notify any third parties to whom such personal information may have been transmitted as described above.
  • Right to data portability. You may request a copy of all personal information you have provided to us after which we will transmit those data to another data controller of your choice.
  • Right to opt-out of marketing communications. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you.
  • Right to withdraw consent. You may withdraw your consent to the processing of your personal information at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.
  • Right to object to processing. You may request that we stop processing your personal information. Please note you may not be able to benefit from certain service features for which the processing of your personal information is essential.
  • Right to erasure. You may request that we erase your personal information and we will comply, unless there is a lawful reason for not doing so.
  • Access their Data. Users have the right to learn if Data is being processed by Hypex, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, Hypex will not process their Data for any purpose other than storing it
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from Hypex.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre- contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

LAWFUL BASIS FOR PROCESSING PERSONAL INFORMATION

Our lawful basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect vital interests.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the lawful basis on which we collect and use your personal information, please contact us.

SECURITY TECHNOLOGY

We use appropriate technical and organisational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. In particular, we:

  • hold personal information in secure facilities and where the information is held electronically, on secure servers.
  • use encrypted transmission links whenever we can.
  • use other safeguards such as firewalls, authentication systems (e.g., passwords), and access control mechanisms to control unauthorised access to systems and data.
  • regularly review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
  • restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations. Hypex may discipline or terminate individuals who maliciously acquire information, without being entitled to its access.

Once client information is no longer needed, Hypex will take reasonable steps to destroy or de-identify the information as long as Hypex is not required by applicable laws and regulations.

We will take seriously and deal promptly with any accidental or unauthorised disclosure of personal information. We follow the relevant scheme for notifiable data breaches where applicable and when handling accidental or unauthorised disclosures of personal information.

LINKS TO OTHER WEBSITES

The Website may contain links to third party websites, whose information practices may be different from Hypex’s. Visitors should consult such third- party sites’ privacy notices as Hypex does not have any control over information that is submitted to, or collected by, these third parties. Hypex does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.

These links are provided solely as a convenience to you and not as an endorsement by Hypex of the contents on such third-party websites. Hypex cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Website, since these sites are owned and operated by independent retailers.

Hypex is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Hypex has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. If you decide to access linked third-party sites, you do so at your own risk. Hypex strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to and stored at a destination outside of Canada and may also be processed by staff operating outside Canada who work for us or for one of our suppliers. Such staff maybe engaged in support or third party services. By submitting your personal data, you agree to this transfer, storing and/or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password that enables you to access the Hypex website and or certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or through our site. Once we have received your information, we will use security feature and procedures and security features to try to prevent unauthorised access.

By using Hypex you agree that we may collect, store, transfer and process your personal information as described in this Privacy Policy.

USE OF YOUR PERSONAL DATA FOR DIRECT MARKETING

We do not use or disclose your personal data for direct marketing purposes unless we obtained your consent, such as through an opt-in or opt-out tick box on any form or website of ours.

DATA SECURITY POLICY

The importance of security for all personally-identifiable information associated with visitors to the Website—as well as Hypex customer information, such as cell phone numbers, texts, messages, credit card information, addresses, and other account data—is of utmost concern to Hypex.com, and we have implemented, and periodically review, certain physical, electronic, and managerial procedures to help prevent unauthorized access and maintain data security. Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address. Unfortunately, due to the open nature of Internet communications, no data transmission over the Internet can be guaranteed to be secure, and thus we cannot guarantee that communications between you and Hypex will be free from unauthorized access by third parties. Visitors of the Website and Hypex customers use the Website at their own risk.

YOUR ACCEPTANCE OF THESE TERMS

By accessing the Website, you signify your assent to the Hypex Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Website. You should visit this page periodically, as we may, from time to time, update this Privacy Policy and such changes shall be effectively immediately upon posting on the Website and without further notice to you. Your continued access to the Website following the posting of changes to this Privacy Policy shall be deemed an acceptance of such changes by you. Hypex will, however, use personally-identifiable information only in accordance with the version of the Privacy Policy under which the information was collected.

DATA RETENTION

We will hold your information for as long as necessary to fulfill the purposes set forth in this Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

DISPUTE RESOLUTION

If a situation arises, where you have a privacy dispute, please contact Hypex directly and we will be glad to work in a fair and practical way with you. Our contact info is mentioned below. If your communication with Hypex has not led to a mutually agreeable resolution, we shall participate in the dispute resolution procedures established by Canadian data protection authorities to resolve disputes.

OPT OUT

You are not required to supply any of the personal information that we may request; however, failure to do so may result in our being unable to open or maintain your account or to provide services to you. While we make every effort to ensure that all information we hold about you is accurate, complete, and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your personal information.

CHANGES IN THIS PRIVACY POLICY

We may update this privacy statement to reflect changes to our information practices. If we make any substantial changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

OTHER

You must be at least 18 years old (or otherwise reached the age of majority in your jurisdiction, whichever is older) to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, address, etc.) on any profile page, discussion forum, message board or other public areas of the site, that information, along with any information disclosed in your communication, can be viewed, collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to public areas on this site are accepted with the understanding that they are accessible to third parties.

ENQUIRIES AND FURTHER DETAILS

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please send an email to us at info@hypex.ca.