Legal and Privacy Policies

Terms and Conditions For Use of This Site

ACE Bakery is pleased to provide this website for your personal non-commercial use. However, by using this site, you agree to the Terms and Conditions provided below. ACE Bakery reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by these Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

Use of Site and Site Material

Except as expressly stated therein, this site is provided for your personal non-commercial use and you may not copy material from this site for commercial use. You may copy material in limited quantities from this site for your personal non-commercial use provided that our copyrights notice is affixed to the copied material. ACE Bakery reserves the right to restrict your use of this site at any time, which may include terminating your permission to make personal copies of material from this site. You are prohibited from using this site to post or transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct.

The information on this site may contain typographical errors or inaccuracies and may not be complete or current. ACE Bakery reserves the right to correct any errors, inaccuracies or omissions and to change or update information and material at any time without prior notice.

Ownership of Intellectual Property

ACE Bakery owns the copyright to all material and the trademarks, service marks, and trade dress (collectively referred to as “Intellectual Property”) displayed on and from this site. Notwithstanding any other term or condition in this Agreement, ACE Bakery retains ownership to all Intellectual Property on this site and all material on and from this site. The Intellectual Property on this website is protected from copying or reproduction under national and international trademark and copyright laws and nothing on this site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on this website is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of ACE Bakery. All rights reserved.

Liability Disclaimer

Your use of this site and material from this site is at your own risk.

ACE Bakery strives to provide accurate and up-to-date material on this site. However, ACE Bakery makes no warranties or representations as to the accuracy or timeliness of the material provided on this site. ACE Bakery assumes no liability or responsibility for any errors or omissions on this site.

Neither ACE Bakery, any of its agents, nor any other party involved in creating, producing or delivering this website is liable for any damages whatsoever arising out of your access to, or use of, this site or any material from this site. Without limiting the foregoing, this site and the material provided on this site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ACE Bakery assumes no liability or responsibility for any damage to you, your computer or your other property due to your access to, use of or downloading of this site or any materials provided on this site.

Links

ACE Bakery has not reviewed any or all of the sites that may be linked to this site and is not responsible for any sites linked to this site. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, ACE Bakery does not endorse the site operator or the content of the linked site.

Idea Submission/Use of Information

ACE Bakery does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to ACE Bakery, you agree that the idea becomes and remains the sole and exclusive property of ACE Bakery without further liability or compensation to you.

If you respond to ACE Bakery with any information, including but not limited to feedback, data, questions, comments, suggestions or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of ACE Bakery, and your submission of information shall constitute an assignment to ACE Bakery of all worldwide rights, titles and interests in such information. ACE Bakery will not be liable for any use or disclosure of such information. ACE Bakery will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. ACE Bakery will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

ACE Bakery welcomes your comments and suggestions on this website and products, but ACE Bakery does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing products or any new products. By submitting information, you warrant that ACE Bakery may publish such information, use it as part of its operations, and incorporate its concepts in ACE Bakery products without liability or compensation to you.

Applicable Law

You agree that the laws of the Province of Ontario, Canada govern any use of this site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this site or material from this site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

Online Purchases

All orders made through a ACE Bakery website will be subject to the terms and conditions outlined in the website relating to the purchase in question and the following additional terms and conditions. Pricing and other terms and conditions relating to the purchase of the product in question will be as stated on the applicable website, and this information may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any orders indicated to be made by you. You must be of the age of majority in your jurisdiction to make online purchases.

Severability

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

ACE Bakery Privacy Policy

The privacy of individuals connected with our business, including our customers, contractors, employees, independent operators and website visitors, has always been of great importance to ACE Bakery. Keeping personal information in strict confidence is a cornerstone of our business. Regardless of how the range of products we offer our customers expands, and the technology we use changes, we will always strive to protect the privacy of personal information, subject to any consent an individual has provided for its use.

This policy describes the principles on which ACE Bakery and its subsidiaries and divisions will protect the privacy of personal information. The policy is based on the Canadian Standards Association Model Code for the Protection of Personal Information. While this document sets out the principles on which ACE Bakery’s privacy practices are based, privacy laws will vary from province to province and those laws may also govern ACE Bakery’s privacy practices in such province. This policy is part of ACE Bakery’s commitment to ensure that all personal information of individuals in its possession is protected and used in accordance with the law. Privacy laws across Canada are evolving, and therefore this policy is subject to change.

Personal Information is any information about an identifiable person, other than the name, title, business address and business telephone number of a person. It includes such things as a person’s home address, date of birth, social insurance number, and medical and financial information. With respect to customers, such information is collected primarily in connection with products provided by ACE Bakery. Employees may be asked to provide such information to ACE Bakery in connection with matters relating to their employment. In all cases, ACE Bakery is committed to protecting the privacy of individuals and the integrity of their personal information.

1. Accountability

ACE Bakery is responsible for personal information under its control, including any personal information disclosed to third parties for handling or administrative purposes. ACE Bakery has designated a Privacy Officer who is accountable for ACE Bakery’s compliance with this policy and with privacy legislation.

1.1 While ultimate accountability for ACE Bakery’s compliance with the policy rests with the Privacy Officer and senior management of ACE Bakery, day-to-day compliance with the policy is delegated to individuals throughout ACE Bakery’s business.

1.2 With respect to personal information that has been transferred to a third party for processing, ACE Bakery will use contractual or other means, and may include the examination of such third party’s practices with respect to personal information, to safeguard personal information while it is being processed by a third party.

1.3 ACE Bakery has implemented internal guidelines and practices to give effect to this policy, including:

  1. establishing procedures to protect personal information;
  2. establishing procedures to receive and respond to complaints and inquiries;
  3. developing information to explain the organization’s policies and procedures; and
  4. training staff and communicating to staff information about the organization’s policies and procedures.

1.4 ACE Bakery has implemented practices to effectively monitor compliance with this policy across its business, including the appointment of a privacy officer and regional privacy coordinators and regular privacy compliance reviews.

2. Identifying the Purposes for which Personal Information is Collected

The purposes for which personal information is collected will be identified by ACE Bakery at or before the time the information is collected, unless such purposes are obvious.

2.1 ACE Bakery will ensure that the purposes for which personal information is collected and the way in which the information may be used are clear to the individual. In some cases, the purpose will be clear from the context of the interaction; in other circumstances, a written or verbal explanation may be required. For example, employees are required to give certain personal information that is essential to the employer-employee relationship, such as a social insurance number and banking information for payroll deposits.

3. Consent

ACE Bakery will not collect, use or disclose the personal information of a person without the individual’s knowledge and consent, except in certain limited circumstances permitted by law, such as where the immediate health of a person is at risk, or in connection with the breach of an agreement or a law.

3.1 ACE Bakery will obtain consent, either express or implied, for the use or disclosure of personal information at the time of the collection of the information. In certain circumstances, consent with respect to use or disclosure will be sought after the information has been collected but before use, particularly if ACE Bakery wants to use the information for a purpose not previously identified to the individual.

3.2 ACE Bakery is committed to obtaining meaningful consent to the collection, use and disclosure of personal information. To achieve this aim, the purposes for which the information will be used, if not obvious, will be explained in such a manner that the individual can reasonably understand how the information will be used or disclosed.

3.3 ACE Bakery will not, as a condition of the supply of a product or service, unreasonably require an individual to consent to the collection, use or disclosure of information beyond what is required in the circumstances.

3.4 The way in which ACE Bakery seeks consent may vary, depending on the circumstances and the type of information collected. In determining the type of consent that may be required, ACE Bakery will consider the nature of the information, the use to which the information will be put, applicable laws and the type of interaction in which the information is provided.

3.5 Consent may be express or implied, given orally, electronically or in writing and provided by an action or inaction. Consent may be given through a legally appointed representative or a legal guardian.

3.6 An individual, subject to legal or contractual limitations, may withdraw his or her consent at any time on sufficient notice to ACE Bakery. Withdrawal of consent may result in ACE Bakery becoming unable to provide or continue to provide the person with certain services, products or benefits, and the individual will be given notice of the implications of the withdrawal of his or her consent.

4. Limits on the Collection of Personal Information by ACE Bakery

The collection of personal information by ACE Bakery will be limited to that which is necessary for the purposes identified by ACE Bakery. At all times, ACE Bakery will collect personal information by fair and lawful means.

It is possible that ACE Bakery may, with the consent of an individual, collect and use information about that individual from a third party. For instance, credit references may be checked in appropriate circumstances.

5. Limits on the Use, Disclosure and Retention of Personal Information by ACE Bakery

Personal information will not be used or disclosed by ACE Bakery for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Personal information will be retained only as long as reasonably necessary for the fulfillment of those purposes or as required by law.

6. Accuracy of Personal Information Held by ACE Bakery

ACE Bakery will make reasonable efforts to ensure that personal information of individuals is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

6.1 Personal information will not be updated without the consent of the individual and it will only be updated if it is necessary for the continued use of the personal information.

6.2 ACE Bakery will make reasonable efforts to obtain information from individuals in order to update information on hand if required to fulfill the purposes for which the information was collected. Once informed by a person that personal information held by ACE Bakery about them is inaccurate, ACE Bakery will update the information as soon as possible.

7. Safeguarding Personal Information

ACE Bakery will protect personal information by the use of security safeguards appropriate to the sensitivity of the information.

7.1 ACE Bakery will employ security safeguards that will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held.

7.2 The nature of the safeguards used by ACE Bakery will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage of the information. More sensitive information will be safeguarded by a higher level of protection.

7.3 The methods of protection used by ACE Bakery will include:
  1. physical measures, for example, locked filing cabinets and restricted access to offices;
  2. organizational measures, for example, security clearances and limiting access on a “need-to-know” basis; and
  3. technological measures, for example, the use of passwords and encryption.

7.4 ACE Bakery will ensure that its employees who are in contact with personal information are trained in the appropriate protection of personal information and that they are aware of the importance of maintaining the confidentiality of personal information. Employees are required to abide by this policy.

7.5 If personal information is disclosed to third parties for the purpose of processing or another administrative purpose, ACE Bakery will make reasonable efforts to ensure that the third party uses safeguards to protect personal information which are comparable to those used by ACE Bakery.

8. Openness

ACE Bakery will make available to individuals information about its policies and practices relating to the management of personal information. ACE Bakery is open about the policy it has to ensure the protection of personal information.

8.1 ACE Bakery will make this information readily available to individuals. The information will be made available in a form that is generally understandable.

8.2 ACE Bakery may make information on its policies and practices available in a variety of ways, depending on the nature of the service or product being provided and the nature of the personal information. ACE Bakery will make all such information available in both English and French.

9. Individual Access to Personal Information

Upon the receipt by ACE Bakery of a written request, an individual will be informed, within a reasonable time following such request, of the existence, use and disclosure of his or her personal information and will be given access to that information. In certain limited circumstances, as permitted by law, certain information, such as that collected and held in the context of an investigation of the breach of a law or a contract, will not be disclosed to the individual. ACE Bakery has established procedures for an individual to follow in order to access their personal information.

9.1 Subject to applicable laws, upon receipt of a written request from an individual, ACE Bakery will inform him or her whether or not ACE Bakery holds personal information about the individual and make reasonable efforts to indicate the source of the information. In addition, ACE Bakery will, upon written request, provide a summary of the use that has been made or is being made of this information.

9.2 An individual may be required to provide sufficient information to permit ACE Bakery to provide an account of the existence, use and disclosure of personal information. The information provided will only be used for this purpose.

9.3 Upon receipt of a written request, ACE Bakery will provide to an individual the identities of third parties to which it may have disclosed personal information about the individual and the purpose for which the information may have been disclosed to the third party.

9.4 ACE Bakery may charge a reasonable fee to cover its cost of providing the information, provided that ACE Bakery will inform the individual of the approximate cost of providing the information prior to doing so and will afford the individual the opportunity to withdraw his or her request.

9.5 If an individual successfully demonstrates the inaccuracy or incompleteness of personal information held by ACE Bakery, ACE Bakery will amend the information as required. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.

9.6 ACE Bakery may decline to provide an individual access to his or her personal information in accordance with applicable laws. If such a refusal is made, ACE Bakery will inform the individual of the reasons why such access has been denied, except when ACE Bakery is prohibited from doing so by law.

10. Complaints and Questions

A person about whom personal information is kept may challenge ACE Bakery concerning its compliance with this policy.

10.1 Complaints and questions regarding ACE Bakery’s compliance with this policy may be made in writing to the ACE Bakery Privacy Officer at 580 Secretariat Ct, Mississauga, ON, L5S 2A5, by phone at 1.800.443.7929 or by e-mail at info@acebakery.com.

10.2 ACE Bakery has procedures in place to receive and respond to inquiries or complaints about this policy and its practices relating to the handling of personal information. These procedures will be provided upon request and are easily accessible on ACE Bakery’s website, www.ACEBakery.com, and in other published material with respect to privacy.

10.3 If an individual is not satisfied with a response by ACE Bakery to a complaint or is otherwise not satisfied with ACE Bakery’s policies and practices with respect to its handling of personal information, a complaint may be made to the provincial privacy commissioner of the province where the personal information of the individual is kept, or to the Federal Privacy Commissioner at 112 Kent Street, Ottawa, Ontario K1A 1H3, 1.800.282.1376. More information can be obtained at the Federal Privacy Commissioner’s website, www.privcom.gc.ca.