LAST UPDATED:  June 12, 2009

PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY. 

eSales Canada Inc. ("eSales Canada") recognizes privacy and security as being concerns for most individuals accessing the Internet, including our customers, and eSales Canada is committed to protecting the personal information that it collects. This Privacy Policy describes the types of personal information that eSales Canada collects via the web site at http://motorolastore.esalescanada.com (the "Web Site"), how eSales Canada collects that personal information, how eSales Canada safeguards that personal information and when eSales Canada may disclose that personal information.

When collecting personal information relating to an individual who is an adult (18 years of age or older), eSales Canada will seek that individual's consent to the collection as well as the use and disclosure of it in accordance with this Privacy Policy. 

When collecting personal information related to an individual who eSales Canada has identified as being under the age of 18, eSales Canada will seek his or her guardian's consent to the collection as well as the use and disclosure of it in accordance with this Privacy Policy. 

What personal information is collected and for what purposes is it used?

Product Inquiries and Orders

eSales Canada may collect the following types of personal information relating to individuals who (i) order or inquire about products via the Web Site, (ii) inquire about telecommunications providers in their area or order telecommunications service plans via the Web Site; or (iii) download software via the Web Site:

• contact information such as name, address, telephone number and e-mail address;
• contact information for a parent or guardian if the individual is under 18 years of age;
• in relation to inquiries, information regarding personal preferences with respect to the types of products and services that are for sale via the Web Site;
• if applicable, billing, banking and other financial information required to process payment for the order; and
• other personal information which a reasonable person would consider ancillary to the types of information set out above.

This information is used by eSales for the following purposes and for other purposes reasonably ancillary to them: 

• to respond to the inquiry;
• to process the order;
• to process payment for the order or download;
• to fulfil the order or permit downloading; and
• if applicable, to respond to any problems with the order or download.

Browsing

eSales Canada may collect the following types of personal information relating to individuals who access the Web Site:

• the IP address from which the individual is accessing the Web Site.

By using the Web Site, you consent to the collection and use of this information by eSales Canada and its use in aggregated form by eSales Canada for the following purposes and for other purposes reasonably ancillary to them:

• to better understand how the Web Site is being used in order to improve upon the Web Site; and
• to tailor how an individual experiences the Web Site to the individual. 

Interactive Web Site Activities

eSales Canada may collect the following types of personal information relating to individuals who choose to participate in other activities offered via the Web Site (for example, contests): 

• contact information such as name, address, telephone number and e-mail address;
• contact information for a parent or guardian if the individual is under 18 years of age; and
• other personal information which a reasonable person would consider ancillary to the types of information set out.

This information is used by eSales for the purpose of administering the web-based activity, for other purposes reasonably ancillary to that purpose and for any purpose disclosed at the time when the individual signed up to participate in the web-based activity.

Other

The Web Site may include other requests for individuals to volunteer their personal information.  For example, eSales Canada may administer surveys through the Web Site.  When eSales Canada creates an opportunity for individuals to volunteer their information through the Web Site, eSales will disclose the purposes for which the personal information is being collected and seek an express consent to use the personal information collected for such purposes.

As well, the Web Site provides individuals with several opportunities to "opt in" to receive additional information or announcements from eSales or the manufacturers of the products sold via the Web Site.  If an individual opts to receive additional information or announcements, the personal information that he or she provides to eSales may be used to:  (i) provide the additional information and announcements directly from eSales which operates this Web Site; and (ii) tailor the types of information and announcements provided by eSales to the individual.  eSales may also share the following personal information with the manufacturer of the products sold via the Web Site:

• contact information such as name, address, telephone number and e-mail address;
• contact information for a parent or guardian if the individual is under 18 years of age; and
• other personal information which a reasonable person would consider ancillary to the types of information set out.

This information may be used to (i) provide the additional information and announcements directly from the manufacturer; and (ii) tailor the types of information and announcements provided by the manufacturer to the individual.

Additionally, an individual who has previously opted to receive additional information and announcements may subsequently "opt out" by forwarding an email request to privacy@esalescanada.com

What about cookies and web beacons?

When an individual accesses the Web Site, eSales Canada's server may attach a small text file to the individual's hard drive - a cookie.  The cookie is used to identify the individual whenever he or she returns to the Web Site.  The information contained in the cookie is also used to tailor how the individual experiences the Web Site.  Please note, by changing the settings of their web browsers, individuals can prevent cookies from being set, but this may prevent them from participating in certain activities available via the Web Site. 

The Web Site uses web beacons (also known as tags, transparent .GIF files and single pixel .GIF files).  They are used to better understand how the Web Site is being used in order to improve upon the Web Site.

With whom does eSales Canada share my personal information?

Generally

eSales Canada may share personal information which it has collected with its employees who need to use that information in connection with one or more of the purposes for which that personal information was collected. 

From time to time, eSales Canada may engage service providers to provide certain limited services such as shipping products, hosting the Web Site or processing financial transactions.  eSales Canada will only provide those service providers with the personal information they need to deliver the service for which they were retained.  eSales Canada will also require those companies, through contractual means, to safeguard such information, maintain its confidentiality and not to use that information for any purpose other than providing the services for which they were retained.   Please note that such services providers may not be located in Canada.  For example, eSales Canada's current hosting provider is located in the United States.

eSales Canada may access and/or disclose any personal information which it has collected if required or permitted to do so by law (for example, in order to comply with a legal requirement including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on eSales Canada or in urgent circumstances to protect the life, health or security of any person).

Please be aware that eSales Canada may disclose your Personal Information to its successor or any assignee of its assets relating to the Web Site.

Before disclosing personal information relating to an individual to a third party other than as set out in this Privacy Policy, eSales Canada will obtain the individual's consent to the disclosure.

Service Plans

Please note that any telecommunications services that may be ordered via the Web Site are provided by third parties and not by eSales.  Consequently, when eSales Canada collects the personal information in connection with such orders, eSales Canada will be supplying that information to the applicable telecommunications provider, and the telecommunications provider's use of that information will be subject to its own privacy policy.  For greater clarity, by ordering any such service, an individual is consenting to this disclosure.  Individuals are advised to review the applicable telecommunication provider's privacy policy before ordering any service that they are providing via the Web Site.

Downloads

Please note that any software made available for downloading via the Web Site is not supplied by eSales Canada.  Consequently, when eSales Canada collects the personal information in connection with such downloads, eSales Canada will be supplying that information to the actual licensor of the software, and the third party's use of that information will be subject to its own privacy policy.    For greater clarity, by downloading any such software, an individual is consenting to this disclosure.  Individuals are advised to review the applicable licensor's privacy policy before downloading the licensor's software via the Web Site. 

What about information security?

eSales Canada uses physical, organizational and technological safeguards to protect personal information in its possession.  For example, eSales Canada uses encryption to safeguard information about a purchase being transmitted over the Internet.  However, please note that no data transmission over the Internet can be guaranteed to be completely secure.  Consequently, eSales Canada expressly disclaims all representations, warranties and conditions (whether express or implied) that any information transmitted to or by eSales Canada over the Internet in relation to a purchase will be completely secure.

Inquiries, Requests for Access and Submitting Corrections

eSales Canada welcomes your comments regarding this Privacy Policy. If you believe that eSales Canada has not adhered to this Privacy Policy, would like access or to request an amendment to your personal information being held by eSales Canada, please contact eSales Canada's Privacy Officer by email at privacy@esalescanada.com, or by courier or regular mail at the following address:

eSales Canada, Inc.
Attention: Privacy Officer
1-1111 Davis Drive, Suite 102
Newmarket, Ontario  L3Y 9E5

Depending on the type and volume of information requested, a fee may apply to processing it.

Retention and Destruction

eSales Canada keeps personal information only for as long as the personal information is required for the purposes for which it was collected.  Consequently, there is no single retention period applicable to all instances of personal information collected by eSales Canada.

When any personal information is no longer required by eSales Canada for the purposes for which it was collected, eSales Canada destroys the personal information in a manner which takes into account the sensitivity of that information.

Changes to this Policy

eSales Canada will occasionally update or change this Privacy Policy. When eSales Canada makes any change to this Privacy Policy, an updated copy will be posted to its website and the word "updated" will appear next to the link to this Privacy Policy on the introductory page of the website for a period of at least 30 days from the change.  The date that this Privacy Policy was last updated will appear at the top of the copy of it posted on the website.  

Consent

By using the Web Site, you consent to the collection and use of your information by eSales Canada.
Please note that by refusing to provide personal information or by denying or withdrawing consent to use personal information for purposes identified, you may be unable to participate in certain programs or activities sponsored by eSales Canada.