Privacy Policy - Frank And Oak

Last Modified: October 23, 2024

UCG Canada Holdings Inc., doing business as Frank And Oak (“Frank And Oak”, “we”, “us”, “our”), knows that you care about how your Personal Information is handled, and we appreciate the trust you place in us to do so carefully and sensibly. This Frank And Oak privacy policy (the “Policy”) describes how we collect, use and share (“process”) information about you (“Personal Information”) when you visit and use https://ca.frankandoak.com/ and related domains (collectively, the “Services”). By using the Services, you acknowledge and agree to the practices described in this Policy.

Frank And Oak has its head office at 160 St-Viateur E, Suite 702, Montreal, QC, Canada H2T 1A8. We have appointed a Privacy Officer to oversee the enforcement of this Policy and to respond to any questions you may have on how we Process your Personal Information. Our Privacy Officer may be contacted at: dataprivacy@frankandoak.com.

What Personal Information About Customers Does Frank And Oak Gather?

There are several ways we collect your Personal Information. Here are the types of Personal Information we gather:

Personal Information You Give Us: We receive and store Personal Information you provide us, such as when you search for a product on our website; make an order; provide Personal Information in your account (and you might have more than one if you’ve used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; compile Wish Lists; and provide and rate reviews, when applicable. As a result of those actions, you might supply us with such Personal Information as:

• Your name, address, and telephone number;
• Your e-mail address and password;
• Credit card or other payment information;
• Names of people to whom purchases have been shipped, including address and telephone number;
• Products you viewed, searched for, and purchased; and
• Content of reviews and e-mails to us.

You can choose not to provide certain Personal Information, but then you might not be able to take advantage of many of the features of the Services.

Automatic Information: We also receive and store Personal Information that is generated by your use of our Services. This includes:

• Internet protocol (IP) addresses used to connect your computer to the Internet;
• Computer and connection information, such as browser type, version and time zone setting, browser plug-in types and versions, operating system, and platform;
• Session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
• Uniform Resource Locators (URL) clickstream to, through, and from our website, including date and time; and
• Cookie data which comes from "cookies" and similar technologies.

Personal Information from Third-Party Sources: We also receive Personal Information from other sources including updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily.

How and Why Does Frank And Oak Use Personal Information About Customers?

The Personal Information we collect from customers helps us provide, understand, personalize, market and continually improve your shopping experience at Frank And Oak and our affiliated brands, (a list of which can be found at: https://www.unifiedcommercegroup.com/#brands) and the Services generally. We rely on a number of legal bases to use your Personal Information in these ways. Examples of how and why we use Personal Information include:

Providing You with Products and Services: We use the Personal Information you provide as necessary for us to fulfil our contractual obligations to you as set out in the Terms of Use, including to process your orders and payments, maintain your accounts, and respond to your requests.

Communicating with You: We process your Personal Information as necessary to communicate with you when you reach out to us by phone, e-mail, or otherwise, or when you consent to the processing of your Personal Information by completing a questionnaire or a contest entry form.

Personalizing and Improving the Services: We use your Personal Information in our legitimate interests to remember your interests and preferences; customize the products and services we share with you; understand how you shop with us; and improve our Services.

Marketing and Advertising: We also process your Personal Information in our legitimate interests to send you marketing and advertising communications from us and our affiliated brands; and to customize the marketing and advertising that we show you. We obtain your consent for such communications where required by applicable law. We offer choices about marketing and advertising as noted in the Your Choices section below.

Protection of Frank And Oak and Others: We process your Personal Information in our legitimate interests to protect, establish, or exercise our legal rights or defend against legal claims; respond to requests by government authorities, subpoena, court orders and regulations, or to perform other reporting obligations as required by applicable law; enforce or apply our Terms of Use and other agreements; detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or protect the rights, property, or safety of Frank And Oak, our users, or others.

How Does Frank And Oak Handle Cookies?

Cookies are small files that we transfer to your computer's hard drive through your Web browser, to enable our systems to recognize your browser and to provide features such as personalized greetings, and storage of items in your Shopping Cart between visits.

The "help" section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of Frank And Oak's essential features, we recommend you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to checkout, or use any Frank And Oak products and services that require you to sign in.

Third-Party Data Collection Technology

We use third-party, interest-based advertising services to serve ads on our behalf across the Internet. These third-party services display ads tailored to your individual interests based on how you browse and shop online. We allow third-party companies to collect certain information when you use the Services, this information is used to serve ads for our products and services when you visit our websites or other websites. In certain jurisdiction some or all this information may be considered Personal Information and protected as such. These third-party services use information, such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, device and platform information, cookie and session ID, and IP addresses, during your visits to this and other websites to provide advertisements about goods and services believed to be of greater interest to you. These services typically collect this information using a cookie or a third party web beacon or clear gif. We may use these tracking technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here (https://globalprivacycontrol.org/) for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. We do not currently respond to or process ”Do Not Track” signals from web browsers and please note that your selection of “Do Not Track” option provided by your web browser may not have any effect on our collection of cookie information.

While not a comprehensive list, some of these companies we work with are Facebook, Google Ads, Snapchat. If you would like more information about this practice, including the Self Regulatory Principles for Online Behavioral Advertising, to which we adhere, and to exercise your choices about not having this information used for behavioral advertising, visit http://www.aboutads.info/choices and/or http://optout.networkadvertising.org. We also work with affiliate marketing companies, including Rakuten. To better understand how these companies use your information, please see the privacy policies available on their respective websites.

We also work with a number of third-party analytics companies that collect information anonymously and report website trends without identifying individual visitors. In certain jurisdictions some or all this information may be considered Personal Information and protected as such. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve our website and understand how people find and navigate it. Currently, we work with the following analytics companies: Google Analytics, Yotpo, and Klaviyo. This is not intended to be a comprehensive list and we may stop working with these companies and work with others without notice. You can learn more about how these companies collect, use and share Personal Information about you by visiting their respective websites.

What About Third-Party Advertisers And Links To Other Web Sites?

Our site may include third-party advertising and links to other websites. We do not provide any directly identifiable customer information to these advertisers or third-party websites. These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to cookies or other features that they may use, and the Personal Information practices of these advertisers and third-party websites are not covered by this Privacy Notice. Please refer to the Your Choices section below for information on how to manage this advertising.

How Does Frank And Oak Share Your Personal Information?

Personal Information about our customers is an important part of our business, and we're not in the business of selling it to others. We share customer Personal Information only as described below.

With Your Consent: We make content you submit to the Services, such as reviews and Wish Lists, available to other visitors to the Services based on your consent and as described in this Policy.

Within the Frank And Oak Corporate Family: We may share your Personal Information within our corporate family in our legitimate interests to help provide, maintain, market and improve the Services as well as offerings from our affiliated brands. If required by law where you live, you may opt-out of the disclosure of your Personal Information to, and use by, our affiliated brands for marketing purposes by contacting us at dataprivacy@frankandoak.com or the addresses set out below.

Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf, but we do not sell any Personal Information to third parties. Among other things, these service providers help us fulfil orders, deliver packages, send postal mail and e-mail, remove repetitive information from customer lists, analyze data, conduct marketing, process credit card payments, and provide customer service. They have access to Personal Information needed to perform their functions, but may not use it for other purposes.

Business Re-organization: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. We may, in accordance with our legitimate interests, need to share Personal Information in the course of the transaction. In the event that Frank And Oak enters into a business reorganization, merger, or acquisition of all or substantially all of its assets, your Personal Information may be disclosed, where permitted by applicable law, in connection with the proposed transaction.

Legal and Safety Reasons: We disclose account and other Personal Information when we have a good-faith belief that it is reasonably necessary to comply with applicable law. We also do so in our legitimate interests to protect, establish, or exercise our legal rights or defend against legal claims; comply with the law or respond to subpoena, court order, government request, or other legal process; enforce or apply our Terms of Use and other agreements; detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or protect the rights, property, or safety of Frank And Oak, our users, or others.

How Long Does Frank And Oak Retain Your Personal Information?

We retain your Personal Information for as long as necessary in light of the purposes set out in this Policy, subject to any legal obligations to further retain such information. We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our website or we are legally obligated to retain this data for longer time periods.

Data Transfers

Your Personal Information is processed at Frank And Oak’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Policy followed by your submission of such Personal Information represents your agreement to that transfer.

Frank And Oak will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

If you live in the European Economic Area ("EEA"), we transfer and store your Personal Information in countries outside the EEA, such as Canada and the United States, including where it is necessary to perform our contractual obligations contained in the Terms of Use. We are hosted by Amazon Web Services, and your Personal Information is stored on their global servers. We will, however, ensure the transfer complies with data protection law and all Personal Information will be secure. If we transfer Personal Information internationally, we will ensure the transfer complies in accordance with applicable data protection laws, which may include transferring Personal Information under agreements that incorporate standard data protection contract clauses that have been approved by the European Commission. If you would like further information, please contact our Privacy Officer at dataprivacy@frankandoak.com.

If you live in Canada, we may transfer and store your Personal Information in the United States. You can obtain more information about our policies and practices with respect to the storage and processing of Personal Information outside Canada by contacting us at dataprivacy@frankandoak.com. By providing such Personal Information through the Services, you hereby expressly consent to such transfer, storage, and processing of your data into the United States.

By choosing to use the Services, you understand that your Personal Information will be transferred in this way and that the privacy protections and the rights of authorities to access your Personal Information in some of these recipient countries may not be the same as in your home country.

How Secure Is My Personal Information?

We implement technical and organizational measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. For example, we work to protect the security of your Personal Information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you enter. We also ensure that only authorized personnel have access to the Personal Information we collect about you.

It's important for you to protect against unauthorized access to your password and your computer. Be sure to sign off when you've finished using a shared computer. Please contact us at dataprivacy@frankandoak.com for information on how to sign off. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the website like message boards. The information you share in public areas may be viewed by any user of the website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted by using the Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained by using the Services.

What Choices Do I Have?

Frank And Oak gives you choices regarding how your Personal Information is used.

Online Advertising: You can manage third party advertising preferences for some of the third parties we work with to serve advertising across the Internet. The Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of Personal Information collection.

Email Choices: If you don't want to receive marketing or advertising e-mail or other mail from us, you may use the unsubscribe link contained in those communications. You may also contact us at the address provided in the Contact Us section below. You may also opt-out of the disclosure of your Personal Information to, and use by, our affiliated brands for their own marketing purposes by contacting us at dataprivacy@frankandoak.com.

Managing Your Personal Information: We give you online access to a broad range of information about your account and your interactions with Frank And Oak for the limited purpose of viewing and, in certain cases, updating that Personal Information. Examples of Personal Information you can currently access online at Frank And Oak include up-to-date information regarding recent orders, your name, e-mail, password, communications preferences, address book, payment settings (including credit card information, gift certificate, gift card, and check balances), e-mail notification settings, Wish Lists, and recommendations. You can add and update Personal and profile information, as well as your measurements. This list will change as our website evolves.

You may also withdraw, verify the accuracy or change some Personal Information you give us at any time, as permitted by applicable law, by sending an e-mail to memberservices@frankandoak.com.

How Can I Exercise My Rights?

Depending on where you live, you may benefit from a number of rights in relation to your Personal Information that we process, subject to certain restrictions provided by law. For some of these rights, such as for access to, or rectification and deletion of, your Personal Information, please ensure to read the options you have under the Your Choices section above. If you require any additional assistance or would otherwise like to exercise these rights, please email us at memberservices@frankandoak.com. These rights may include, to the extent applicable:

Right of Access and Portability: You can access much of your Personal Information by logging into your account. Where legally required, we will provide your Personal Information in an easily accessible format and assist in transferring some of this Personal Information to third parties.

Right to Rectify, Restrict, and Delete: You can also rectify, restrict, or delete much of your Personal Information by logging into your account. If you cannot do this, or you do not have an account, email us at memberservices@frankandoak.com. As described in the Your Choices section above, you have several options to rectify, restrict, or delete your Personal Information.

Right to Object: If you are a resident of the EEA, you can object in certain circumstances to the processing of your Personal Information based on our legitimate interests, as described above in the Your Choices section.

Right to Revoke Consent: In cases where you consent to the processing of your Personal Information, you have the right to withdraw your consent to that processing at any time. If you withdraw your consent to the use of your Personal Information for the purposes set out in this Policy, you may not have access to some of the features of our Services. In certain cases, we may continue to process your Personal Information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.

Right to Lodge a Complaint: If you wish to raise a concern about our use of your Personal Information (and without any prejudice to any other rights you may have), you have the right to do so with your local supervisory authority in the EEA where you work, normally live, or where any alleged infringement of data protection laws occurred. For more information, please contact your local data protection authority in the EEA.

Right to Not be Discriminated Against: You have the right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your Personal Information.

The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. We may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible. Please note that if you decide to exercise some of your rights, we may be unable to perform the actions necessary to achieve the purposes set out above or you may not be able to use or take full advantage of the Services we offer.

If you are a resident of Quebec, you may, under certain circumstances have the right to request that we:

• cease disseminating your Personal Information;
• de-index or re-index a hyperlink attached to your name that provides access to information by a technological means; or
• that computerized Personal Information collected from you be communicated to you in a commonly used technological format as well as to any person or body authorized by law to collect such information.

If you sign up as a client of Frank And Oak, you may update or correct your profile information through your account settings, or delete your profile information and preferences at any time by contacting us at memberservices@frankandoak.com. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, you may contact us by email at memberservices@frankandoak.com.

Categories of Personal Information We Collect About You

Summarized in the table below are the categories of personal information we may collect about you, depending on how you interact with us. The following table also describes how we collect and use such categories of information.

Categories of information collected	Purposes of use (see chart below for additional information)	Sources of personal information
Identifiers and Contact Information, e.g., name, email address, postal address, phone number, and password	All purposes	Directly from you (e.g., through your Frank And Oak profile)
Demographic information, e.g., age, employment, and lifestyle information	Provide the Services Personalize your experience	Directly from you (e.g., through your Frank And Oak profile)
Physical Characteristics, e.g., height, weight, body type	Provide the Services Personalize your experience	Directly from you (e.g., through your Frank And Oak profile)
Financial and Transactional Information, e.g., payment card information, delivery information, and information about your transactions and purchases with us	Provide the Services Legal purposes	Directly from you (e.g., what and how you order from us)
User-Generated Content, e.g., photos, videos, any information you address to our employees or company accounts, and feedback or testimonials you provide about our Services	Communicate with you Provide the Services Personalize your experience Legal purposes	Directly from you (e.g., through our feedback forms or through third-party websites)
Customer Service Information, e.g., questions and other messages you address to us directly through online forms, by email, over the phone, or by post; summaries or voice recordings of your interactions with customer care	All purposes	Directly from you (e.g., through your customer support messages)
Device Information and Device Identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers	Provide the Services Personalize your experience Secure our services and users Legal purposes	From cookies, pixels, tags, and similar tracking technologies
Usage Data, e.g., information about content viewed or downloaded, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information	Provide the Services Legal purposes	Directly from you (e.g. through your use of the Services) From cookies, pixels, tags, and similar tracking technologies
Geolocation, e.g., city, state and ZIP code associated with your IP address	Provide the Services Personalize your experience Secure our services and users Legal purposes	From cookies, pixels, tags, and similar tracking technologies
Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the Services	All purposes	Directly from you (e.g., through your customer support messages, survey responses, or social media information)

The following chart provides additional information about the business or commercial purposes for collecting and using your information.

Purposes of Use
Communicate with you, for example, to: Process and deliver orders; Respond to comments, requests and questions and to provide customer service; Send you administrative email notifications, such as security or support and maintenance advisories; Send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes on behalf and on behalf of our affiliated brands; Respond to your inquiries related to employment opportunities or other requests.
Provide the Services, for example, to: Provide, process and deliver the Services you request; Choose the items for and to deliver your shipment; Improve the quality of experience when you and others interact with our Services, including the testing of different page designs to see which performs better.
Personalize your experience, for example, to: Identify you as a user in our system; Personalize your experience with our Services; Develop, improve, and deliver marketing and advertising for the Services and offerings by our affiliated brands that reflect your preferences and perceived interests and tastes.
Secure our Services and Users, for example, to: Resolve disputes and/or troubleshoot problems; Monitor, prevent, and detect fraud, such as through verifying your identity; Combat spam or other malware or security risks; Detect security incidents; Debug to identify and repair errors that impair existing intended functionality; Monitor, enforce, and improve the security of our Services.
Defend our legal rights and compliance with the law, for example, to: Comply with any applicable procedures, laws, or regulations and to protect our legitimate interests or those of others; Protect or exercise our legal rights or those of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, Users, or others).

How We Share and Disclose Your Information

We may share all the categories of Personal Information identified in this Policy for our operational or business purposes where the use of such Personal Information is reasonably necessary and proportionate to achieve the purpose for which it was collected or for another operational or business purpose that is compatible with the context in which the Personal information was collected. Where we share personal information with another party, we share only the personal information required for that party to assist Frank And Oak in providing the Services or to otherwise operate our business, and those parties are restricted to using that information only for the purposes for which they have been engaged. For example, we may share such information with the following categories of entities and third parties:

• Entities within the Frank And Oak corporate family.
• Service Providers.

We may also disclose Personal Information to the following categories of entities and third parties, for their own use or a use designated by you:

• Entities within the Frank And Oak corporate family, to market the products and services of our sister brands. You can opt-out of the disclosure of your Personal Information for these purposes, as described above (https://www.unifiedcommercegroup.com/#brands).
• Third parties designated by you.
• An entity that is part of corporate restructuring, including a successor-in-interest or assign, as noted above under Business Re-organization.
• Governmental entities, including law enforcement and national security agencies, as required or permitted by law.
• Third parties who are involved in a legal investigation or in protecting or defending the rights or property of Frank And Oak or users of the Services; and/or investigating or assisting in preventing any violation or potential violation of the law, this Policy, or our Terms of Use.

Are Children Allowed To Use Frank And Oak?

Our website is not intended for children under 13 years of age. No one under age 13 may provide any information to the website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at memberservices@frankandoak.com and we will remove that child’s personal information from our database.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.

Changes to This Policy

Our business changes constantly and our Policy may also change accordingly. If we materially change our Policy, we will take steps to notify you in advance of the change.

Contact Us

If you have any questions or concerns about this Policy or our privacy practices, please contact us at:

UCG Canada Holdings Inc.
160 St-Viateur E, Suite 702
Montreal, QC, Canada H2T 1A8
memberservices@frankandoak.com