Privacy Policy

Toughduck.com Website Privacy Policy

This ToughDuck.com Website Privacy Policy (this “Privacy Policy“) governs your access to and use of the websites, and the services and applications offered on or through those websites (collectively, the “Site“), which are owned, operated or provided by or for Winnipeg Pants & Sportswear Mfg. Ltd. doing business as “TOUGH DUCK” and its applicable subsidiary companies (“Tough Duck“).

In this Privacy Policy, “Personal Information” means information about an identifiable individual. “We” means (and “us”, “our”, and “ours” refer to) Tough Duck. “You” means (and “your” refers to) the user of the Site.

IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING. 

  1. Acceptance of Terms

By accessing and continuing to use the Site, and by providing Personal Information to us through the Site, you are indicating your acceptance to be bound by the terms and conditions of this Privacy Policy. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE, OR PROVIDE PERSONAL INFORMATION THROUGH THE Site. 

  1. Modifications and Notices

The Internet changes every day, and so does the Site. Therefore, we may revise this Privacy Policy, at any time, by updating this posting. These revisions will become effective as soon as they are posted on the Site, unless we say otherwise. We may provide notice to you of material revisions by means of a general notice on the Site. Your continued use of the Site after these revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Privacy Policy.  

  1. We Respect Your Privacy

We are committed to protecting your privacy and maintaining the integrity of the Personal Information that we collect, use, retain or disclose using the Site. The purpose of this Privacy Policy is to inform you about how and why we collect Personal Information through the Site, to outline the steps we take to safeguard your Personal Information and to provide you with our contact information if you have any questions or concerns about our privacy practices.

  1. General Information

We use the Site to offer certain information, services and applications to you, and to provide information intended to increase your enjoyment of the Site. To that end, our Internet servers may passively and automatically collect certain information about website visitors’ traffic patterns, which may be linked to their Internet Protocol (IP) addresses (which are unique Internet “addresses” assigned to all Internet users by their Internet Service Providers). Server logs may record statistical information, such as visitors’ IP addresses, type of operating systems, time and duration of visit, pages requested, and identify categories of visitors by items such as domains and browser types. These statistics are generally collected and used on an aggregate basis.

  • Cookies: The Site may use “cookies”. Cookies are small text files offered to your computer by servers in order to keep track of your browser as you navigate a website. Cookies may be stored on your hard drive, or in temporary (cache) memory, in which case they are deleted when you shut down your browser or turn off your computer. We may use cookies to record session information, such as your browsing habits and past activity, to enable us to provide you with improved services such as customized webpage content. You can disable cookies using your Internet browser’s settings. Please consult your browser’s help function for information about how to disable cookies. Note that if you disable cookies, certain features of the Site may not function properly. For more information, please visit the com Cookie Policy.
  • Links to or Services Offered by Third Party Websites: The Site may contain links to other websites or services offered by those websites that are provided as a convenience only, and which may have different privacy policies and practices than we do. We have no responsibility for these third party websites, and you are advised to review the privacy policies of any third party websites you choose to visit.
  1. What Personal Information do we Collect, how do we Collect it, and For What Purposes?

In the course of operating the Site, we have collected and will collect Personal Information from you, including:

  • information you voluntarily submit to us, when you post, transmit or submit stories, opinions or other content, including, but not limited to, text, photographs, images, illustrations, graphics or multimedia clips and any other user generated content (collectively, “Submitted Materials“), to or through the Site (whether directly or indirectly, through third party websites and applications), and to interact with Tough Duck and other users within, or in connection with, the Site;
  • information you voluntarily submit to us when you contact us, such as your comments, suggestions and feedback; and
  • information we may passively and automatically collect from you, such as your IP address, and other information about website visitors’ traffic patterns, as discussed above.

We collect your Personal Information when you visit the Site, when you provide us Submitted Materials, and any other time when you choose to provide us your Personal Information. If you do not want to provide your Personal Information to us, then you should not use the Site. 

We collect this Personal Information for the following purposes:

  • to develop, enhance and market the Site to you;
  • to personalize and improve your use of the Site, such as using information about products and services you have previously indicated an interest in, to provide similar products and services we think might be of interest to you;
  • to respond to your requests for services and your questions;
  • to detect and protect us, you and others from error, fraud or other illegal activities, or breaches of agreements or laws;
  • to manage and develop our business and operations, including personnel and employment matters. For these purposes, we may share user data in an aggregated, non-identifying form (such as providing total user traffic statistics to others);
  • to confirm your identity;
  • to meet legal and regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible corporate reorganization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of Tough Duck, provided that the Personal Information so disclosed continues to be used by the entity acquiring the Personal Information either for evaluation of the possible sale, or, on completion of any sale, for the purposes permitted by this Privacy Policy, and to permit the new owner to continue operating the Site. Please be aware that if the ownership of all or substantially all of Tough Duck’s business were to change, the new owner may continue to use and disclose your Personal Information as is required to operate the Site; and
  • to carry out any other purpose that you have authorized or that is required or permitted by law.

Further reference in this Privacy Policy to “Identified Purposes” means the reasons set out in this Section 5.

  1. What about Children?

Children under the age of 13 are not permitted to use the Site. Parents and legal guardians are responsible for ensuring their children do not use the Site.

  1. Do we Disclose your Personal Information to Others?

We do not disclose Personal Information to third parties for purposes other than those for which it was collected, except with your consent or as required or permitted by law. For example, if you agree to provide Submitted Materials to us (including media and stories), then we will share these Submitted Materials in accordance with the terms that govern your provision of Submitted Materials to us.

There are a variety of circumstances where we may be required or permitted to transfer or disclose Personal Information to third parties. For example, we may transfer Personal Information to a third party engaged by us to perform functions on our behalf (such as a payment processor) or disclose Personal Information to a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

In situations where we disclose Personal Information to third parties in accordance with this Privacy Policy, we do not disclose more Personal Information than is required and, where it is reasonable and practical to do so, we enter into privacy agreements with third parties to whom we disclose Personal Information. 

If we intend to voluntarily disclose your Personal Information to a third party for a purpose other than an Identified Purpose, we will obtain your consent before we make such a disclosure.

In some instances, we may generate profiles from your Personal Information. We may disclose these profiles to third parties to enable them to provide targeted content or advertisements to you, or for their own business analysis and research purposes, based on the fact that you have previously visited the Site (this process is sometimes referred to as “Remarketing“). So, you should be aware that:

  • we may disclose information about which products and services you have viewed on the Site, to third party vendors, so that they can use that information to deliver advertisements about products and services we think may be of interest to you;
  • for more information about how Remarketing works, you can visit https://support.google.com/google-ads/answer/2453998?hl=en, which provides information about how Google Ads uses Remarketing;
  • Remarketing uses cookies. A number is assigned to the web browser, which identifies that web browser on a specific computer (but does not directly identify the user of the computer). That number is then used by the third party vendor, to determine which websites you have visited, for the purpose of Remarketing; and
  • if you would like to opt out of Remarketing, send us an email at info@toughduck.com. Alternatively, can visit the Network Advertising Initiative opt-out page at http://optout.networkadvertising.org/?c=1 and the AdChoices opt-out page at http://optout.aboutads.info/?c=2&lang=EN.
  1. Transfer of Personal Information to Service Providers outside Canada

We will only use Personal Information for the purposes that we identify to you. We may engage service providers to assist us with fulfilling these purposes, and, in some instances, these service providers may be located outside Canada. 

We only select service providers that protect Personal Information in a manner that is comparable to the protection we provide under our own privacy policies. However, Personal Information may be subject to, and accessed under, the laws of the countries in which our service providers operate.

If you have any questions about our transfer of Personal Information to our service providers outside Canada, or if you would like to learn more about our privacy policies in that regard, please contact our Privacy Officer at the contact information provided below.

  1. How do we Safeguard your Personal Information?

We protect Personal Information against such risks as loss, theft, unauthorized access, disclosure, copying, use, modification or destruction, through generally accepted security measures. The security of your Personal Information is further clarified in and subject to the ToughDuck.com Terms of Service Agreement. 

  1. How long will we Retain your Personal Information?

We will keep your Personal Information for as long as is necessary for us to fulfill the Identified Purposes. In limited circumstances, we may be required by law to keep your Personal Information for a longer period of time.

  1. Withdrawing your Consent/Verifying and Amending your Personal Information

You may withdraw your consent for us to manage your Personal Information in a particular way, subject to legal or contractual restrictions (such as the terms that govern your provision of Submitted Materials to us) and reasonable notice. However, this may limit our ability to provide you with certain services and/or products. AS THE INTERNET IS A PUBLIC, DYNAMIC MEDIUM, PLEASE BE ADVISED THAT YOU CANNOT “UN-SHARE” SUBMITTED MATERIALS YOU HAVE ALREADY SENT TO OR SHARED WITH OTHER USERS OF THE SITE. You may contact us for more information regarding the implications of withdrawing consent.

Upon request, you can typically access and review your Personal Information that is in our custody or control, and make appropriate changes to it. You may be required to put your request in writing and to show us identification. The reason we ask for identification is to ensure that, among other things, we do not unintentionally change your Personal Information based on information from, or release your Personal Information to, a third party who is representing himself/herself as you.

For more information regarding this Privacy Policy, please contact our Privacy Officer at:

Tough Duck
85 Adelaide Street
Winnipeg MB R3A 0V9

Telephone: 204-942-3494
Facsimile: 800-665-3369
E-mail: info@toughduck.com

You may update or make changes to your Personal Information that is in our custody or control by contacting the address above. In addition, you may request access to, or correction of, your Personal Information, by writing or emailing us, at the respective addresses provided above.

  1. Language

You and Tough Duck have requested and agree that this Privacy Policy and all documents related to this Privacy Policy be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais (version française).

  1. Resolving Your Concerns

If you would like more information about our privacy practices, or if you would like to better understand and verify what Personal Information we have collected about you, please contact the Tough Duck Privacy Officer, whose contact information is set out above. Please let us know about your questions or concerns and we will do our best to help you.

Last Revised: February 4, 2019