Last update: February 20, 2024

Use of the harnoisenergies.com website

This harnoisenergies.com website, including social media, the loyalty program website, mobile applications and other platforms belonging to Harnois Énergies inc. (collectively, the "Site"), is owned and operated by Harnois Énergies inc., its affiliates and subsidiaries (“Harnois”), having its head office at 80 route 158, in Saint-Thomas, province of Quebec, J0K 3L0. By accessing and using this Site, you unconditionally agree to be bound by these Terms of Use (the "Terms") and all applicable laws. Use of our Site is limited to personal, non-commercial use.

Amendments to the Terms

Harnois reserves the right to amend the Terms at any time and without prior notice. You may view them at any time on the Site. Your visit to our Site constitutes acceptance of and agreement to the then-current Terms. You are responsible for reading these Terms and any subsequent amendments thereto indicated by the revision date of the Terms.

Changes to the Site, services and products offered

reserves the right, at its sole discretion, to modify at any time the Site or any part thereof, to suspend the Site, to modify or withdraw services or products offered thereon, without notice or delay. Harnois shall not incur any liability to any party for any loss or damages that may result of such change of Site, directly or indirectly.

Hyperlinks

The Site may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. Harnois has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of these sites and fully release Harnois from all liability. The inclusion, on this Site, of a hyperlink to a third party website shall not, under any circumstances, be interpreted or construed as an endorsement, by Harnois, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website. Your use of third-party websites is subject to the terms and conditions of those websites.

Protection of children

Harnois abides by legal restrictions with respect to advertising to children. Parents are invited to monitor their children's Internet usage and are responsible, in their capacity as legal guardian, for determining which websites may or may not be appropriate for their children.

Limitation of liability

Harnois shall not be liable for any loss, damages or claims of any kind, either direct or indirect, incidental, exemplary, special or consequential, including the loss, alteration or communication of any data, any delay, force majeure, product/service price or attribute errors, product errors, missing products, inaccurate product/service descriptions (collectively "damages"), whether or not it has been informed of the possibility of such issues resulting from the use of this site. Your sole and exclusive remedy is to discontinue using this Site. No information on this Site may be construed as creating any warranty not expressly stipulated in these Terms.

Risks associated with the Internet

Errors, interruptions and viruses: The Site is accessible based on its availability. While Harnois makes reasonable efforts to maintain the Site free of errors, interruptions and viruses, Harnois makes no warranties, either express or implied, that the Site will operate without interruption, virus or error or in a secure and timely manner, that the information contained on this Site is accurate and without error, or that defects in the software and applications, if any, will be rectified. You will be solely responsible for any damage to your computer or loss of data that may result when downloading material.

User ID, password and Security: Despite Harnois’ efforts to ensure third parties do not access or obtain your personal information through its Site, complete confidentiality and security cannot be guaranteed on the Internet. Communication via the Internet is subject to interception, loss or alteration. You acknowledge and agree that Harnois shall not be held liable for any damages resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk. You alone are responsible for protecting the confidentiality of your user ID and password as well as the confidentiality of any actions undertaken using your identification. Moreover, you are responsible for notifying Harnois immediately of any unauthorized use of your user name and password and any other breach of security, as well as for taking every possible precaution to ensure that you use the Site under optimal security conditions. Harnois may, at its sole discretion and without incurring any liability whatsoever, cancel or suspend your account.

Use of information and errors

The information displayed on the Site is provided for informational purposes only, unless otherwise stated. Harnois makes no warranties, either express or implied, that the quality of the offers will meet your expectations and that the information, which includes advertising as well as nutritional and health tips, is appropriate to your needs and health conditions.

Harnois is proud of the Site and works hard to keep it updated and error-free. However, price errors or product/service description errors or inaccuracies, including colour, origin, category or other characteristics may occur. Harnois reserves the right to correct any such errors, at its sole discretion, at any time and without prior notice.

Intellectual property rights

All the content of this Site, including the text, logos, slogans, images, drawings, graphics, illustrations, photographs, videos, musical excerpts, downloads, technical programs and business processes, is owned or otherwise provided or used under license by Harnois. Harnois does not represent or warrant that any uploaded content from third parties does not infringe the rights of any third party. All the content of this Site is subject to Harnois’ intellectual property rights, the Trademarks Act, the Canadian Copyright Act, applicable laws of other countries and international treaties. Any unauthorized use of the content of this Site, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the prior written authorization of Harnois.

Trademarks

The trademarks displayed on this Site are trademarks, registered or unregistered, of Harnois or third parties, which are the property of their respective owners. The trademarks displayed on this Site cannot be used without the prior written authorization of Harnois or their respective owners. No element of this Site shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of a trademark, except with the express written consent of Harnois or the owner of such trademark.

Your comments

Subject to information submitted under our Privacy Policy, you agree to grant Harnois a royalty-free, unrestricted, perpetual, irrevocable, transferable licence to use, copy, reproduce, distribute, modify, adapt, publish, translate, partially or completely delete, and create derivative works from any comment, suggestion, idea or other content ("Comment") that you communicate to Harnois by e-mail or whatever means on the Site. If you do not want to grant such licence or wish to keep a Comment private, do not submit such Comment.

Security of the Site

You may not use the Site for purposes other than the purposes set out in these Terms. You are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including without limitation advertising. All such actions are against the law and may result in civil or criminal proceedings.

Termination of the use of the Site

Harnois reserves the right to terminate, at any time and without prior notice, your right to access the Site or your account for any reason, including but not limited to account inactivity for such period of time as Harnois may determine from time to time, or if Harnois believes, in its sole discretion, that you have violated these Terms.

Additional terms of use

You may be required to comply with additional terms of use specific to certain programs, offers, promotions, promotional contests, services, social media, third-party content and third-party software, which will be disclosed to you when you access such programs, offers, promotions, services, social media platforms, content and software.

Governing law

For any use of this Site in Quebec, you agree that the laws of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws and excluding the United Nations Convention on Contracts for the International Sales of Goods shall apply. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of Quebec, district of Joliette, with respect to the interpretation or application of these Terms.

For any use of this Site in Canada (excluding Quebec), you agree that the laws of the province of Ontario and the applicable laws of Canada, without reference to principles of conflict of laws and excluding the United Nations Convention on Contracts for the International Sales of Goods shall apply. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of the Province of Ontario, district of Toronto, with respect to the interpretation or application of these Terms.

Contact us

For questions, please contact us at:

By mail:

Harnois Énergies inc.

Care of: Client contact centre

80, route 158

St-Thomas (Quebec) J0K 3L0

By telephone: 1-800-363-2712

On the Internet: Click “Contact us” on the Site

Privacy Policy

Last update: February 20, 2024

Harnois Énergies inc. (“Harnois Énergies”, “Harnois”, “we”, “us” “our”) values the privacy rights of all individuals. That is why we have established this Privacy Policy to describe how we collect, use and disclose the personal information relating to our clients and other individuals (“you”), other than our professionals, employees and our agents when: (1) you browse our website (https://harnoisénergies.com); (2) you participate in our Proxi Extra Loyalty Program (Reward program where you receive points on purchases, for more information, see https://proxiextra.com), including your browsing of this website or application; (3) you communicate with us on a voluntary basis as part of your participation in any service offered by Harnois Énergies, including via our social media accounts; and/or (4) you use the Harnois Énergies application to maximize your travel efficiency (collectively, the “Services”).

By “Personal Information” we mean any data relating to an identified or identifiable individual, or associated or associable with an individual directly or indirectly. For example, information about your identity, home address, financial information, employment and geolocation.

This Privacy Policy also covers our use of cookies and tracking technologies, such as pixels and tags (together, “Cookies”). For purposes of this Privacy Policy, we consider your cookies to be Personal Information. Please click here to go directly to the section of this Privacy Policy that provides more information about our use of cookies as well as how you can better control the use of cookies through our Services.

In addition, this Privacy Policy covers the use of your Personal Information to conduct interest-based advertising. For more information on this topic, please click here to go directly to the relevant section of this Privacy Policy. As a participant in the Digital Advertising Alliance (“DAA”), we adhere to the DAA’s interest-based advertising principles by providing you with greater notice, transparency and control over our digital marketing practices, as described at http://www.aboutads.info/principles.

This Privacy Policy does not apply to third party websites. Harnois Énergies is not responsible for their privacy policies, procedures or practices.

This Privacy Policy applies for as long as we hold your Personal Information, including after the end of our business relationship. We will only retain your Personal Information for as long as we are legally permitted to do so. We do our best to keep your Personal Information accurate, complete and up-to-date when we use it. You can inform us when this information changes.

If you have any questions regarding the treatment of your Personal Information, we invite you to contact the Privacy Officer at Harnois Énergies, by email at A9nergies.com">vieprivee@harnoisénergies.com, or by phone at 450-759-7979, ext. 1348, or toll free at 1-800-363-2712, ext. 1348.

1- Changes to this policy

We reserve the right to change our policy at any time without notice. You may review the applicable policy at any time on this site. The date of the last update to this Privacy Policy is indicated at the top of this page. We encourage you to visit this page regularly to understand how we may treat your Personal Information.

2- Your consent

Harnois collects, uses and discloses your Personal Information for specific purposes. Your consent is valid for the time required to fulfill these purposes. If we wish to use or disclose your Personal Information for other purposes, we will seek your consent (unless otherwise permitted or required by law).

By accessing and/or using any of our Services, you consent to the collection, use and disclosure of your Personal Information as described in this Privacy Policy. In the event that you do not consent to the collection, use or disclosure of such Personal Information as described in this Policy, you have the choice not to interact with Harnois. If you do not want us to collect certain Personal Information, we may not be able to provide you with the product or service you have requested, and we may not be able to provide you with certain associated benefits and discounts.

Once you have given your consent, you have the right to withdraw your consent to the use and/or disclosure of your Personal Information. To do so, please contact our Privacy Officer using the contact information provided in this Privacy Policy. Please note, however, that withdrawing your consent may prevent us from adequately providing you with some of our Services.

3- Collection and use of information

We collect Personal Information to provide you with our Services, to obtain analyses of your use of our Services or in connection with our marketing activities. Within our organization, only those individuals who require access to your Personal Information by reason of their duties will be granted access to your Personal Information. We collect the following types of Personal Information for the purposes indicated below:

• Electronic information and usage information. When you use our Services, certain information is automatically collected by our computer network. This includes your IP address, the type of device you are using, your operating system, the type of Internet browser you are using, your screen resolution, but also the time spent on specific pages, your language preferences, etc. This information does not allow Harnois Énergies to identify you directly. This information may be used by Harnois Énergies for statistical purposes, in particular to enable it to evaluate and analyze the frequency of access to its website and related traffic. Insofar as some of these technologies make it possible to identify you, to locate you or to carry out profiling in your place, we will make sure to ask your permission to activate them.
• Communication and contest information. When you contact us, for example via the “Contact us” section of our website, or when you enter one of our contests, we collect your first name, last name, e-mail address, telephone number, communication preferences and message content. This information is collected so that we can respond to your communications and requests, or to contact you in connection with our contests.
• General account information. When you create an account via our “Customer Centre” on our website, we collect your first name, last name, date of birth, address, e-mail address, telephone number, user ID and your status as owner or tenant of the address you provide. This information is collected to enable us to create and manage your account, which allows you to request quotes for our products and services, and to manage your orders on our Web site.
• Banking information. When you open an account, we also collect the name of your financial institution, your transit number, your address, your account number, the name of your employer, your date of hire, your method of payment and the monthly credit limit requested. This information is collected to enable you to send us quotations and to allow us to make pre-authorized debits from your bank account or credit card when you purchase our goods and/or services.
• Application information. When you apply for an available position via the "Career" section of our website, we collect your first name, last name, e-mail address, telephone number and any other information that may be contained in your application documents, such as your résumé. This information is collected so that we can evaluate your application and contact you to follow up on your application.
• Loyalty Program information. When you join the Proxi Extra Loyalty Program, we collect your first name, last name, mailing address, e-mail address, username, telephone number and membership card number. This information is collected so that we can administer this Loyalty Program and allow you to accumulate points. We also collect certain information about your purchases at participating stores, so that you can benefit from personalized offers.
• Geolocation information. Some geolocation features on your mobile device, if you consent to the collection of this data, collect geolocation in the background (i.e. when the application is active, but minimized or invisible on the screen), but only with your permission when you activate these features. This technology is not activated by default when the application is downloaded. The geolocation data collected following the movement of trucks enables better tracking of our delivery system (LGH / Touchstar) as well as for targeted advertising so that we can offer you offers and other information relevant to your region.

Harnois Énergies will not use Personal Information collected in accordance with this Policy or applicable law for purposes other than those identified above, unless we obtain your prior consent for that other specific purpose or in certain exceptional circumstances, where required by applicable law.

We may also collect Personal Information from third parties. Unless otherwise required by law, we will seek your consent before collecting your Personal Information from a third party. This may include, for example, profile information provided by social media or other third-party applications used to develop promotional offers, or from a financial institution in connection with the processing of a commercial transaction.

If this information is not collected directly from you, but from a third party, you may request the source of the information we have collected.

4- Cookies

We use cookies to make our Services work as intended, for marketing purposes, to provide certain features on our website, to analyze our performance and to ensure the security of our Services. Cookies are also useful for detecting bugs and errors. We use first-party and third-party cookies installed by our partners on our website. To the extent that any of these technologies allow us to identify, locate or profile you, we will ensure that we ask for your permission to enable them. Click here to find out how you can manage cookies through your browser. We collect cookies that fall into each of these categories:

• Essential. Essential cookies are necessary to manage the core functionality of our website, including login, session identification, language and security cookies.
• Functional cookies. Functional cookies are used to provide you with certain additional features and configurations in connection with your use of our Services.
• Analytical cookies. Analytical cookies are used to generate certain statistical data about the traffic and behavior of users of our Services. For example, we can determine how long users spend on average on a web page of our website, or measure the success of certain advertisements displayed on the Internet.
• Marketing. Marketing cookies are used to display advertising relevant to your interests, which requires tracking and analyzing user behavior across different websites. Marketing cookies track visitors across websites in order to display ads that are relevant and interesting to the individual user and therefore more valuable to third-party publishers and advertisers. For example, _fbp and fr are cookies set by Facebook to enable us to deliver targeted advertising based on your interests, such as real-time offers from third-party advertisers.

We use both persistent and session cookies. Session cookies are deleted as soon as you close your browser, while persistent cookies remain active on your device for a certain period of time. For example, Google Analytics cookies remain installed on your device for two years. This enables Google Analytics to track you for analysis purposes, as well as for marketing purposes, and to provide us with aggregated data about your behavior.

If cookies enable us to identify you, locate you or profile you, we will endeavor to ask your permission before activating them. You can manage and disable cookies at any time by changing your browser settings, but this may prevent you from accessing certain parts of our Services. Depending on the browser you use, different instructions may apply. Click on your browser for more information:

• Google Chrome
• Firefox
• Safari

5- Google Analytics

We use Google Analytics, which is Google's analytics tool that helps us understand how users use our Services. This tool uses a set of cookies to collect information and compile statistics on site usage without allowing us to identify individual visitors.

In addition to site usage statistics, data collected by Google Analytics is used for remarketing, including on other devices, through cookies such as those from Google Ads and Google Marketing. We provide more information on interest-based advertising in the following section.

6- Interest-based advertising

We use targeted cookies as part of our marketing strategy. This is known as “interest-based advertising”. We only engage in interest-based advertising through our website and social media.

To the extent that some of these technologies identify you, locate you or profile you, we will make sure to ask your permission to activate them before using them. You can also refuse interest-based advertising by managing your cookies. Click here to access the section of this privacy policy that explains how to do this. You can also use WebChoices, which is a browser-based tool for refusing interest-based advertising. Cell phone users can also download the DAA Choice application from the Apple App Store, Google PlayStore or Amazon Store. AdChoices provides additional solutions and explanations for controlling cookie blocking and control, as well as plug-ins to retain cookie refusal preferences, even if you delete your cookies.

Interest-based advertising is also known as “targeted advertising”, “retargeting” or “behavioral advertising”. Retargeting means that the ads you are offered are personalized according to your behavior as you browse online. This personalization is made possible by cookies, and requires the processing of electronic information.

For example, we can show you interest-based ads when you use Facebook using a tool offered by Facebook called the Custom Audience Tool. This tool allows us to personalize our ads based on your behavior. We do not share any of your Personal Information, including your behavior, with Facebook. The tool allows us to convert your e-mail address into a unique number that Facebook uses to match the unique numbers it generates from its users' e-mail addresses in real-time auctions.

We use Facebook's conversion tracking pixel to record the effectiveness of our ads for statistical and market research purposes. Facebook collects this data for us on the basis of your agreement with Facebook. The data collected remains anonymous to us - we can only see aggregated data. This means that we cannot see an individual user's Personal Information using Facebook's conversion tracking pixel. However, this Personal Information is available to Facebook, and Facebook can link this data to your Facebook account and use it for advertising purposes, in accordance with its current privacy policy, which you can find here.

We also use Google Remarketing and Google AdWords for interest-based advertising, including retargeting, which enables us to deliver relevant ads to the right people. This also allows us to create segments based on the analytics we've obtained, and then use them in remarketing campaigns on our Google Ads account. Google Ads uses a different cookie from Google Analytics. You can disable Google's use of advertising cookies at any time by clicking here. Google Analytics also offers an audience remarketing function. Google AdWords Remarketing keeps track of all users of our website and tracks these online users to serve our ads.

If the above does not suit you, you can manage your cookie preferences. Click here to access the relevant section of this notice.

7- Disclosure to third parties

To be clear, we do not sell your Personal Information to data brokers. Harnois Énergies only shares your Personal Information with certain types of third parties when it is necessary to provide you with our Services, for marketing purposes or when required by applicable law. We work with subcontracted service providers in order to offer you a better service and therefore certain Personal Information may be communicated in order to reflect reality as closely as possible. These service providers have their own privacy practices and we therefore strongly recommend that you carefully read their respective privacy policies.

We may also disclose some of your Personal Information to our outside advisors (financial, legal and other) when necessary for the purposes of providing their professional services.

We may also disclose your Personal Information in connection with a corporate merger, sale, reorganization or acquisition. In some cases, when required by law or by a competent authority, Harnois may be obliged to disclose your Personal Information, for example following a search warrant or to a person to whom such disclosure must be made due to an emergency situation endangering your life, health or safety.

8- Storage, security and retention of information

We try to store your Personal Information in Quebec as much as possible. However, our service providers may process your Personal Information nationally and internationally, including in the United States, which means that your Personal Information may be transferred outside Quebec. In this context, your Personal Information may be subject to rules that are less protective of your privacy than those in effect in Quebec and Canada.

We have implemented administrative, organizational, physical, technical and technological security measures that are proportionate to the risks, taking into account factors such as the sensitivity of the Personal Information we collect. However, it is important to understand that we cannot guarantee the security of Personal Information on the Internet, and that you should also take precautions, such as not sharing your passwords with anyone.

Access to your Personal Information is restricted to those Harnois employees and consultants who require such information in the course of their responsibilities. Any person authorized to access your Personal Information is subject to the same confidentiality undertakings and therefore undergoes security training.

We will only retain your Personal Information for as long as we are legally permitted to do so, for example for as long as is necessary to provide you with the Services, to carry out our marketing campaigns effectively or as otherwise required by applicable law. At the end of this period, the data will be destroyed or anonymized, in which case it will only be used for serious and legitimate purposes.

10- Your rights to your Personal Information

You generally have the right to access the Personal Information we hold about you and to have it corrected if it is inaccurate, under certain circumstances.

At any time, you may access the Personal Information we hold about you following a prior identification/authentication process. You may correct or update this Information or withdraw your consent to the use and/or disclosure of your Personal Information at any time. However, as mentioned in section 2 above, such withdrawal of consent may prevent us from providing you with certain services. If you wish to exercise your rights, please contact our Privacy Officer at vieprivee@harnoisenergies.com. We will respond to your request within 30 days. If we are unable to comply with your request, we will inform you of the reasons why.

If you have any questions about how we collect, use or disclose your Personal Information, or how we have responded to your request for access or rectification, please let us know at vieprivee@harnoisenergies.com. We will do our best to improve our processes so that this does not happen again. We will also provide you with further information about our practices if you wish.

If you are still not satisfied, you can file a complaint with the Office of the Privacy Commissioner of Canada or your local privacy regulator.