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Charter of Personal Privacy

Respect for your privacy and protection of your personal data are matters we really care about.

We collect and process your personal data whenever you access our website online at www.appleautoglass.ca or any alternative address (the "site") and ask us to provide our services to you via the website. This Charter of Personal Privacy (the "charter") explains the various ways we are allowed by law to use your personal data.

We suggest that you read this charter carefully before you submit your personal data to us. By accessing this website or using our services (or both) you indicate that you agree to let us collect and manage your personal data in certain ways, subject to the terms and conditions of use described below. If you do not agree with the charter, please exit this website and do not use it again.

This charter is an integral part of the terms and conditions of use of the website ("the terms and conditions of use") and must be read together with them.

1. Identity of the party responsible for processing personal data.

The party responsible processing personal data is Apple Auto Glass®, a division of Belron Canada Incorporated, having a place of business at 7111 Kennedy Road, Unit 4 Mississauga, ON L5S 0A4 (referred to as "Apple Auto Glass®").

2. Collection and use of your personal data.

The personal information that Apple Auto Glass® collects about you is limited to the cases and purposes listed below:

Personal data: Apple Auto Glass® collects data that allows us to identify you directly or indirectly, such as your last and first names, home or business address, telephone number (land line or mobile), email address and the make, model and year of your car. You are not obliged in any way to provide such personal data. However, if you do not, we may not be able to provide the services offered on this website or in each Apple Auto Glass® franchise location.

This information is collected whenever you contact an Apple Auto Glass® franchise location for work on your vehicle's window glass, or when you ask for an authorized franchisee representatives to call back and provide information that will help you identify the type of vehicle glass problem you are having.

Apple Auto Glass® franchise locations will need this information in order to (i) book your appointment with you, (ii) have one authorized franchisee representative to contact you by telephone, email or IMS to finalize or confirm the details of your appointment with its location, (iii) provide information you are seeking, or (iv) provide the service you have requested.

Once you have used the service provided by Apple Auto Glass®, we may use your personal data to contact you in order to evaluate your satisfaction with our services and we may also use your personal data – unless you have refused the use of your personal data for this purpose – to send commercial messages by conventional mail, email, IMS or telephone, concerning similar services we provide that may be of interest to you. You have the option of cancelling this service at any time without charge (except any possible charges for transmitting your cancellation request). To do so, please follow the instructions included with these messages, or contact our customer support department (contact information appears at the end of this charter).

3. Cookies.

A cookie is an alphanumeric indicator that we send through your web browser and store on your hard drive when you visit this website. This allows our system to recognize you when you return and allows us to serve you better. Cookies are also used to compile information about the domains most frequently visited at the website. This information about visits may be used to upgrade the website's content and make it easier for you to use. We may also use session cookies (which track your information from page to page) and persistent cookies (which remain on your hard drive after your browser is closed). You are not obliged to accept cookies. While most web browsers have a default setting to accept cookies, you can configure your browser to refuse any cookie or alert you when you are receiving a cookie. Many web browsers on the market provide instructions on how to do this under "Help/Secure Information Transfer via Internet" on the toolbar menu. They will guide you step by step and explain how to refuse cookies, how to configure your browser to alert you when a cookie is received, and other security measures. However, if you refuse cookies, functions on this website may not be available – particularly the following:

4. Minors.

Our website is intended exclusively for use by persons 18 years of age or older. It is not intended for use by minors. We do not knowingly collect or process personal data relating to minors. If we find that we have acquired such information through this website, we will take appropriate measures to delete this personal data from our servers.

5. Communication of your personal data.

We are the sole owners of the data collected on this website. We will not sell, lease or disclose your personal data to any third party under any circumstances without your explicit consent, subject to the following exceptions:

We may have to disclose your personal data to our subsidiaries or affiliated companies in order to enable them to help us provide our services for you (including marketing services)

In the course of providing services on this website, we may have to obtain outside help and make use of third parties. These include service providers, computer system maintenance providers, website hosts and internet service providers, who help us maintain and manage our website activities. Furthermore certain data, including personal data, may be transferred to, processed and stored by service providers located in other jurisdictions, including the United States regarding Apple Auto Glass® development and proposed implementation of a new retail platform including a new point of sale system. These suppliers, service providers and marketing partners may make use of your personal data solely for the purpose of providing services to Apple Auto Glass® in the context of the purpose or purposes for which Apple Auto Glass® has collected such data. They may not use this data for any other purposes.

We may also have to transfer our database, including personal data concerning you, to a third party in case of the sale, merger, or assignment of the assets or inventory, in whole or in part, of Apple Auto Glass® or of this website, or in the case of reorganization, or some other case, including when the transaction is still in the planning stage.

We may also disclose your personal data to third parties in order to comply with a demand by governmental or legal authorities, or to meet our own legal or regulatory obligations, protect and defend our rights and interests, or prevent any abuse or abusive or unauthorized use of this website, or for any other reason permitted by law. Finally, we may, with your prior consent, communicate your data to third-party partners for the purpose of allowing them to send you commercial messages by email, IMS, conventional mail or telephone.

6. Transfer of your personal information outside Canada

Apple Auto Glass® may transfer your personal data to subsidiaries, affiliated companies or service providers that are located in countries other than Canada. Should this be necessary, Apple Auto Glass® will make sure that your personal data will be transferred securely, subject to a data transfer contract or other appropriate means provided for by applicable legislation. However, authorities in such jurisdictions may be able to access your personal data under applicable laws in those jurisdictions.

By using this website and the services available on this website, you expressly agree to the transfer of your personal data outside Canada, including in the United States.

7. Hyperlinks

This website contains or could contain links to other third-party sites. This charter applies only to this website. It does not cover information acquired or processed on third-party sites whose links appear on this website. Apple Auto Glass® is not responsible for the personal data collection made by these sites or their management practices. We suggest that you read carefully the privacy protection charters for any site you access by clicking on the corresponding hyperlinks that appear on this website.

8. Security

Managing your data in a completely secure and confidential manner is a matter of great concern for us, and we take all possible technical and organizational steps to avoid loss, misuse, alteration or deletion of your personal data. Our secure data protection systems meet generally accepted industry norms.

9. Your access and correction rights

The file that contains your personal data will be saved at our office. You have a right to access this file and correct your personal data as provided by applicable laws. You may exercise these rights at any time by writing to us at the address that appears at the end of this charter.

10. Retention period

We promise to save your personal data only for the length of time required for its intended purpose, and no longer in any case than the length of time allowed by law.

11. Questions

If you have any questions about this charter or the use of your personal data, or if you wish to request us not to use your personal data in any way, please write to us at: 1-800 267 6105 or in writing at the following address: Apple Auto Glass® – Customer Service, 7111 Kennedy Road, Unit 4, Mississauga, ON, L5S 0A4 or by email at info@appleautoglass.com.

12. Amendments

This charter may be subject to amendment at any time. We will notify you on this page so that you will always be informed about the data we are collecting, the uses we are making of this information and the circumstances in which it may be disclosed. This charter was last amended on April 30, 2012

Conditions of Use

Welcome to the website of Apple Auto Glass®, a division of Belron Canada Incorporated, having a place of business at 7111 Kennedy Road, Unit 4 Mississauga, ON L5S 0A4 ("Apple Auto Glass®").

This website is hosted by Vortex Solution

This website can be found at appleautoglass.ca or any alternative address (hereafter, the "website").

You will find below the terms and conditions of use for this website (I) and the general conditions of sale and repair (II) that apply to the repair or replacement of vehicle windows by Apple Auto Glass® in its service centres.

I - TERMS AND CONDITIONS OF USE

This section explains the terms and conditions of use (the "terms") under which any individual ("you") may use this website. Please read these terms carefully.

1. Acceptance of terms and conditions of use

If you decide to visit this website for any reason, these terms shall automatically apply to your use of the website. You therefore agree to consult them before using the website.

If you do not wish to be bound by these terms, please do not visit this website.

If you use all or part of this website, you are considered to have read and accepted these terms.

2. Description of this website – Request for appointment

This website provides information about the methods Apple Auto Glass® uses to repair and replace the glass in your vehicle and, in general, about the services offered by Apple Auto Glass®. You can browse this website to find information on the repair or replacement of your windshield, side windows or rear windshield without necessarily making an appointment with Apple Auto Glass® for repair or replacement.

You may contact each Apple Auto Glass® franchise location directly and make an appointment if you decide to have your auto glass repaired or replaced by Apple Auto Glass®. If you can provide some details on the extent of the breakage (impact, crack, etc.) and its exact location, Apple Auto Glass® can help you determine whether you can have the glass repaired or whether it needs to be replaced. You can request an appointment based on your ability to get to an Apple Auto Glass® location and the available time slots.

If you are not sure whether your vehicle glass needs to be repaired or replaced, you can ask an Apple Auto Glass® advisor to call you back at a number provided by yourself. One of our authorized franchisee representatives can help you determine what needs to be done to repair the damage.

The information transmitted at this point by Apple Auto Glass®, either on this website or by one of our authorized franchisee representatives, is based on the answers that you provide to certain questions. This information may not be entirely accurate, and you should understand that it is provided as general information only and has no contractual significance.

Only the work order for repairs written up by an Apple Auto Glass® technician after examining the vehicle and before undertaking the work is binding on Apple Auto Glass® franchisees.

This website only allows you to find the nearest Apple Auto Glass® location and request an appointment with an Apple Auto Glass® technician to repair or replace your vehicle glass. The information on this website should in no way be considered to be instructions allowing you to repair or replace your vehicle glass by yourself. The general terms and conditions for repairs which appear below are for general information purposes only and are not intended to govern your use of this website. They do apply, however, to all repairs and replacements done by Apple Auto Glass® franchise locations.

4. Estimate

When you call our authorized franchisee representative, you will be given a free detailed estimate of the work to be done on your vehicle, on the condition that you provide all the necessary information to establish the estimate. Apple Auto Glass® will not be bound by this estimate in the event of an error or omission concerning the features or condition of the vehicle.

5. Insurance

If your insurance policy includes coverage for broken vehicle glass, the work done by Apple Auto Glass® will usually be covered by your insurance. You may only have to pay the deductible, if any, indicated in your policy, plus any related fees (such as travel costs, night, Sunday or holiday service) or cost of accessories (wipers, bulb covers, headlights, etc.) that are not covered by your insurance. We strongly advise that you check the details of your insurance policy to determine the extent of your broken vehicle glass coverage and the terms of payment. Calculation of the estimate described in paragraph 4 of these terms will be based on your insurance policy. Also, if you plan to have the work paid by your insurance, you will have to provide us with complete and accurate information about your insurance policy.

6. Access to service

You are, and will remain, responsible for the manner and consequences of accessing this website. This access may involve payment of fees to technical service providers, such as internet service providers. These fees are your responsibility. In addition, you are and remain fully responsible for the provision and use of the equipment necessary to connect to this website.

7. Transmission of information

If you transmit information to Apple Auto Glass®, you are responsible for its content and accuracy. You agree to provide full, accurate, up-to-date information in order to allow Apple Auto Glass® to provide you with the best service, and you are fully responsible for any consequences related to the provision of erroneous information about you, your insurance, your vehicle or your broken vehicle glass.

8. Intellectual property and user license for this website

All the features available to you on this website, including but not limited to data, information, texts, documents, animated and still images, presentations, legends, graphics, photographs, videos, logos, distinctive signs, drawings, models, software programs and brands (the "features"), are the exclusive property of Apple Auto Glass® or its licensors and are protected by the Copyright Act and other Canadian laws, foreign laws and international treaties governing copyright and intellectual property.

All rights related to intellectual or industrial property, brands, domain names and other distinctive signs on this website are the property of Apple Auto Glass® or their respective owners who have authorized Apple Auto Glass® to use them, and any unauthorized use or exploitation of them is at your sole risk.

Apple Auto Glass® and its logotype are registered trademarks of Belron Canada Incorporated and/or affiliated company.

You may use this website or the features it contains for strictly personal, non-commercial purposes, on the condition that the rights of Apple Auto Glass® are respected. The license granted accordingly by Apple Auto Glass® is non-exclusive, non-assignable and non-transferable. You agree not to undertake any scheme or action infringing on this limited license granted to you by Apple Auto Glass®.

These terms and conditions of use can in no way be interpreted as conferring any property rights on you or any third party. All rights not expressly granted herein remain the exclusive property of Apple Auto Glass®.

None of this website's features may be modified, reproduced, copied, duplicated, sold, resold, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any way, in whole or in part, with or without consideration, by you or by a third party, by any means or methods whatsoever, whether known or unknown at present, without explicit prior permission in writing from Apple Auto Glass®.

9. Unauthorized use of this website

You may not use this website or the Appointment Service to:

10. Hyperlinks on this website

The hyperlinks on this website lead to third-party sites that are not published by Apple Auto Glass®. They are provided strictly for your convenience, to help you make use of the resources available on the internet. If you use these links, you will leave this website, and you agree to use third-party sites at your own risk and, if applicable, in accordance with their own terms and conditions.

You acknowledge that Apple Auto Glass® neither controls nor contributes in any way to the development of the content or any other aspect of any or all of these third-party websites.

Consequently, Apple Auto Glass® cannot be held liable in any way due to these hyperlinks.

Furthermore, you acknowledge that Apple Auto Glass® cannot represent warrant or take charge of any or all of the content or aspects of any or all of these third-party websites.

11. Hyperlinks to this website

You may not use or insert a hyperlink to this website without the prior written consent of Apple Auto Glass®, and then only on the condition that the hyperlink leads to this website's homepage without duplicating the homepage or any other page of this website. You may not:

Apple Auto Glass® expressly reserves the right to revoke the permission granted in this section and to take all appropriate measures in the event of a failure to comply with this section's provisions. You will be held liable for any damages related to or resulting from such noncompliance.

12. Warranty – Liability of Apple Auto Glass®

Apple Auto Glass® in no way guarantees that access to this website will be uninterrupted, easy, reliable, correct, full, satisfactory, error-free or fast.

Likewise, Apple Auto Glass® in no way guarantees the longevity or stability of this website. Nor does Apple Auto Glass® guarantee that the information on this website will meet your personal needs or be reliable, uninterrupted or error-free.

Apple Auto Glass® makes every effort to communicate information, procedures, methods and other data that are reliable, up to date and accurate, and takes all necessary measures to modify or update this information in a timely fashion. However, Apple Auto Glass® cannot guarantee that all of the information and contents currently on this website are wholly reliable, accurate or up to date. The information on this website has no contractual or official value. Consequently, you acknowledge that you are using this information at your own risk.

Apple Auto Glass® does not guarantee the security of exchanges through electronic communication and is in no way liable for damages resulting from your use of the network or from threats such as viruses, bugs, malicious code, Trojan horses, logic bombs, worms and other anomalies that may occur on the internet.

Apple Auto Glass® cannot be held liable for any indirect damages or loss of profits, revenues, business, data, customers, time, damage to goods or equipment, or cost of replacement goods or services that may result from accessing or the inability to access this website in whole or in part, or from the use of or inability to use the information or any other feature of this website.

13. Personal data

To facilitate your navigation on this website, Apple Auto Glass® uses session cookies. These cookies are cached in your computer memory and keep track of your personal data while you are on the website. This information is erased when you leave the website. However, Apple Auto Glass® may use session cookies to obtain anonymous information about your use of the website in order to optimize navigation of the website.

A pop-up will inform you about the information being collected by the cookies, the purpose of the collection, the recipients of the data and your access rights. This window allows you to deactivate the cookies and clearly explains the step-by-step instructions for the browser you are using (Mozilla, Microsoft, etc.).

Finally, the collection and processing of your personal information and the recording of your telephone conversations with our customer service representatives will be governed by our Charter of Personal Privacy, available on this website under "Privacy," and which forms an integral part of these terms and conditions of use.

14. Changes to this website and the terms

Apple Auto Glass® reserves the right to modify at any time and without prior notice the content of this website or the services available on the site, or to temporarily or permanently cease operation of all or part of the website or its services.

Furthermore, Apple Auto Glass® reserves the right to modify at any time and without prior notice the internet location of this website and its terms and conditions of use.

We therefore advise you to always consult these terms before using this website.

You acknowledge that Apple Auto Glass® cannot be held responsible in any way to you or to a third party as a result of these modifications, suspensions or cessations.

15. Applicable laws and competent jurisdiction

These terms shall be governed and construed in accordance with the laws of the Province of Ontario.

Any disputes related to or resulting from the validity, execution, interpretation or form of these terms shall be subject to the exclusive jurisdiction of the court of competent jurisdiction of the Province of Ontario.

16. Contact

For more information or questions concerning these terms, please email us at info@appleautoglass.com

Updated April 18 2012

II - GENERAL TERMS AND CONDITIONS OF SALE AND REPAIR

1. General

1.1 These general terms and conditions apply to the sale of all products (the "products") and all services (the "services") offered by Apple Auto Glass®.

1.2 Unless otherwise agreed, any order for a product or service implies the customer's full and entire adherence to these general terms and conditions.

1.3 The execution of all work is subject to prior signature of the estimate. This contractual document lists the work to be performed and, if applicable, the existing defects on the vehicle at the time it was handed over to Apple Auto Glass®.

2. Relation with insurance

The invoice issued by Apple Auto Glass® functions as a subrogation in its favour granted by the insured customer for direct payment by the insurer. It also functions as a notice of loss by the insured customer to the insurer. Apple Auto Glass® remains a third party in the contractual relationship between the customer and the insurer. As such, it is not authorized to advise the customer on the notice of loss, for which the customer is wholly responsible. The customer is encouraged to approach the insurer concerning any questions about the insurance policy.

3. Estimate

The customer may obtain, free of charge, by telephone, a detailed estimate of the services required for the vehicle. Apple Auto Glass® shall not be bound by this estimate in the event of errors or omissions on the part of the customer concerning the features or condition of the vehicle.

4. Price

4.1 Except in estimates issued by Apple Auto Glass®, prices are based on rates in effect at the time the vehicle is brought in for service. If during the course of the repairs additional services are deemed necessary, Apple Auto Glass® will immediately inform the customer in order to obtain his or her agreement before completing the repairs. The customer will likewise be informed if the time quoted for repairs must be changed due to specific features of the vehicle.

4.2 Unless otherwise agreed, the products and services are payable in cash, on delivery of the products or when the customer collects the vehicle, as appropriate. The customer can only collect the vehicle after full payment of all amounts due, in principal and incidentals, to Apple Auto Glass®.

5. Terms of service – Risks

5.1 Apple Auto Glass® reserves the right to refuse to carry out any work that cannot be executed in accordance with the customs of the trade.

5.2 As plastic does not provide protection against the weather and flying gravel, the customer is encouraged to replace any broken vehicle glass as quickly as possible.

5.3 Unless otherwise agreed, the transfer of risk occurs when the keys to the vehicle are exchanged. However, Apple Auto Glass® declines all responsibility for the loss, deterioration or theft of objects in the vehicle or the vehicle, with the exclusion of the equipment and accessories incorporated into the vehicle and objects left by the customer at the customer service desk of the service centre.

6. Claims

6.1 It is up to the customer to verify that the appropriate services were received before accepting possession of the vehicle at the service centre.

6.2 All claims must be made to Customer Service, by phone at 1-800 267 6105 or in writing at the following address: Apple Auto Glass® – Customer Service, 7111 Kennedy Road, Unit 4, Mississauga, ON, L5S 0A4.

7. Reclaiming possession of the vehicle

7.1 Unless otherwise agreed, the vehicle must be collected by the customer at the time indicated on the estimate or at the latest at closing time of the service centre on that day. Otherwise Apple Auto Glass® may park the vehicle outside of the service centre at the customer's sole risk. The transfer of risk shall be deemed to take place at the closing time of the service centre on the day agreed, and Apple Auto Glass® will not incur any liability in the event of any theft or damage suffered by the vehicle. Furthermore, after 48 hours, Apple Auto Glass® may ask the authorities to impound the vehicle, at the customer's risk and expense.

8. Reservation of ownership

The transfer of ownership of the products shall occur on the full payment of the sale price and, if applicable, any incidentals and interest. In the absence of timely payment, Apple Auto Glass® may reclaim the products at the customer's risk and expense and, except in the case of a customer consumer, any prior payments will be kept by Apple Auto Glass® by way of penalty.

10. Warranty – Liability

10.1 Service warranty:

10.1.1 Repairs and replacements carried out by Apple Auto Glass® are guaranteed for life against defects resulting from a defective seal, poorly attached hubcap, leak, whistling or crack resulting from a repaired impact, during or after the provision of service. This warranty can only be activated by the presentation of the invoice for the contested service or the attestation of warranty issued by Apple Auto Glass® and shall otherwise be declared ineligible.

10.1.2 The warranty is excepted:

10.1.3 The warranty thus granted is strictly limited to:

10.1.4 In all cases, Apple Auto Glass® reserves the option, especially in the event of the unavailability of a product, to limit the warranty to the reimbursement of the installation and the product damaged through defective installation or repair, to the exclusion of any other compensation. Such reimbursement shall be based on the price of the services or damaged products on the invoice initially issued by Apple Auto Glass®.

10.2 Product warranty

10.2.1 Products are guaranteed for one year from the time of delivery against all manufacturing defects reported in writing to Apple Auto Glass®. No warranty shall be granted for normal use or corrosion, abnormal use of the products, deterioration resulting from an accident, negligence, failure to upkeep or maintain, caused by a third party or, more generally, resulting from an event beyond the control of Apple Auto Glass®.

10.2.2 This warranty is strictly limited, at the sole discretion of Apple Auto Glass®, to the replacement or reimbursement of the product recognized as defective, within the limit of the amount actually paid to Apple Auto Glass® for this product. This compensation is exclusive of any other compensation whatsoever.

10.3 Insofar as the sale of the products is subject to the provisions of the Consumer Protection Act either in view of its object or the status of the customer, it is further stipulated that these provisions cannot deprive the customer of the legal guarantees provided for under this Act.

11. Protection of personal data

Personal data received from the customer is required to provide services, issue invoices and, if applicable, have costs covered by the customer's vehicle glass insurance. This information (except for bank card numbers) is processed by computer and transmitted to the appropriate Apple Auto Glass® franchisee location. The customer agrees for this data to be used and kept by Apple Auto Glass® and its service providers and subcontractors for administrative purposes, in order to generate statistical reports, conduct satisfaction surveys for the purpose of improving the quality of its services, and carry out marketing operations. To the extent permitted by law, the customer has the right to access and correct his or her personal data. This right can be exercised by contacting customer service at the number or address listed above.

12. Trusts and jurisdiction

In the event that a dispute cannot be amicably resolved, the dispute will be submitted exclusively to the court of competent jurisdiction in the District of Ontario, Province of Ontario. However, if the customer is a consumer who is not acting in a professional capacity, the rules of legal competency shall apply.