Effective Date: August 2, 2021
If you are a California consumer, you may have additional rights under the California Consumer Protection Act (“CCPA”), as detailed in the California Consumers section.
Table of Content
1. Scope and Application
2. Definition of “Personal Information”
“Personal information” is any information that identifies, or could be reasonably associated with, an individual and their household (collectively, “individual” or “you”). This may include, for example, your name, contact information, email-address, and information relating to your account with us (as the case may be). It may also include other types of more technical information, but only when this information can identify you as an individual. Information that is aggregated and/or de-identified and cannot be associated with an identifiable individual is not considered to be personal information.
3. What Personal Information do we Collect?
We limit the collection of personal information to what is reasonably required to fulfill the purposes for which it was collected. We collect personal information in a variety of ways detailed in the How we Collect Personal Information section.
Personal information we collect may include:
Identifiers and contact information, such as your name, email and postal addresses, telephone number, Internet Protocol (IP) address (if it can identify you as an individual), device identifier or account information (for example, if you have downloaded one of our app or you have created an account upon signing up for our services, such as our car wash services);
Demographic data, such as date of birth or gender;
Transactional information, such as history of purchases made using a payment or credit card provided by Circle K (for instance, the Easy Pay card) and information generated by your participation in our loyalty program, as applicable (e.g. the number and amount of transactions by type, location/store of purchase, product code information, brand, quantity purchased, date, time, payment method used, promotional offers used in connection with the transaction, etc.);
Browsing activity on our websites and apps, such as page and offers viewed, opt-out preferences, email bounce backs, click-throughs, content on social media, and IP addresses, if it can identify you as an individual (as further detailed in the How we Collect Personal Information section);
Payment information, such as credit or debit card number when you make purchases;
Geolocation information may be collected when you use our websites and apps, although this information may not always identify you as an individual;
Information collected through technologies in our stores, including CCTV, anonymous video analytics technologies, or other types of video cameras and sensors, if it can identify you as an individual (as further detailed in the How we Collect Personal Information section); and
Any other information you provide to us (as further detailed in the How we Collect Personal Information section).
4. How we Collect Personal Information
We collect personal information in a variety of ways, including: directly from you, from other sources, from technologies used at our locations, through online technologies (such as when you are interacting with us through our websites and apps) and from third-party social networks.
More specifically, we collect personal information in the following ways:
a. Directly From You
We may collect personal information directly from you in our stores (including through our point-of-sales systems and other in-store interactive tools such as the LIFT screens), by mail, by email, over the telephone, through our websites and apps or in any other direct manner, for instance when you make a purchase, give us feedback on our stores and the products for sale in our stores, participate in a contest or survey, complete a franchise application, or make a request to our customer service.
Circle K offers many programs and services through which we may collect personal information directly from you, for instance: our brands’ main websites (e.g. https://www.circlek.com/, https://www.couche-tard.com/ and http://www.holidaystationstores.com/), gamification websites on which you may participate into a contest, our brands’ main apps (the Circle K, Couche Tard and Holiday apps), the Easy Rewards loyalty program app, our subscription services apps (such as the Car Wash app), our interactive LIFT screens at the point-of-sale, in-store and social media contests and sweepstakes or our newsletters.
b. From Business Partners
Occasionally, we may receive personal information from business partners with whom we offer certain products at our stores or to provide certain programs. We may also receive your personal information from other sources with your consent or when authorized by law.
We may receive your personal information from business partners with whom we organize contests, such as television stations, in order to allow you to redeem your prize at our stores.
c. Automatically From Technologies Used At Our Locations
We may collect personal information through various types of technologies used in our stores. These can include video surveillance, sensors or other similar types of systems that we may use from time to time.
We use video surveillance in areas surrounding our premises for security purposes, to protect against theft, to prevent damage to our properties, and to prevent fraud.
We may also use anonymous video analytic, which allows us to track the number of individuals in our stores and consider certain demographic information without identifying them. This technology helps us managing our stores, understanding our customer base and improving customer experience.
In certain selected and clearly identified stores where we conduct research projects, such as the Connect Store at McGill Retail Innovation Lab, we may use video cameras and sensors (using Wi-Fi tracking, Bluetooth, RFID and similar technologies) to map individuals’ movements in the store and identify what
items they take. This allows us to better understand in-store customer experience and to allow our customers who have signed up for frictionless check-out services to make purchases without having to go through the cashier.
d. Through Online Technologies
We may collect certain types of information electronically when you interact with our websites and apps, emails, social media accounts, online advertising, or through the use of our or a third party’s technologies, which include cookies, web beacons or single pixel gifs or analytics engines. This information helps us understand what actions you take on our websites and apps and allows them to work correctly.
We may combine this information with other information collected in-store or online such as your transaction history. We do this to support our customer understanding using website and mobile analytics and to provide you with more tailored advertising and marketing campaigns. This includes serving interest-based advertising to you, subject to your right to withdraw consent. To learn more about the privacy choices available to you, please visit How Can You Change Your Privacy Choices?
We may use your location or language preference to auto-select features when you visit our websites or download our apps.
We may use your personal transaction information to provide you with interest-based advertisements on products that we believe may interest you (e.g. products that you purchase frequently).
We may collect, combine and categorize your personal information on an aggregated basis to identify purchasing patterns to help us analyze our businesses to better serve our customers.
The technologies we use include:
Cookies, which are small text files that are saved on your computer when you visit a website so that information can be saved between visits, such as your login credentials or language preferences. For example, cookies allow you to log in quickly when you visit our websites.
Web beacons, and single pixel gifs, which are small image files that have information about you, such as your IP address, that can be downloaded when you visit a website or open an e-mail. This allows us to understand your online behaviour, monitor our email delivery, and provide you with interest-based advertising. These tools also allow our third-party tracking tools to gather information, such as your IP address, and provide this back to us in an anonymized, aggregate form (i.e. in a manner that prevents us from identifying you personally). Aggregate information refers to personal information compiled and expressed in a summary form where no personal identifiers are included.
Analytics engines, which pull usage data from multiple sources and help manage and collect this data to use for personalization, interest-based advertising, customizing content and other methods to gain insights into our customers’ needs and preferences.
With respect to our mobile applications, we use Identifier for Advertising for iOS and Google Advertising ID for Android.
Tools that help protect against inappropriate uses, such as Google Invisible reCAPTCHA, which collects hardware and software information, such as device and application data and the results of integrity
checks, as well as unique online identifications such as IP address, and sends that data to Google for analysis.
You may delete or disable certain of these technologies at any time via your browser. However, if you do so, you may not be able to use some of the features on our websites. To learn more about the privacy choices available to you, please visit How Can You Change Your Privacy Choices?
e. Third-Party Social Networks
We may collect your personal information if you interact with us through our social media pages and accounts (e.g. Facebook, Twitter, Instagram). For instance, we collect the personal information the respective social media platforms allow us to collect from our followers. We may also collect any content you upload to our social network pages (including photos or videos).
f. From other Third Parties
In certain cases, we may collect personal information from other categories of third parties, but only with your consent or as permitted or required by applicable law. Third parties may include credit report agencies or background check providers.
5. How we Use Personal Information
We may use all categories of personal information detailed in section 3 to provide you with our programs, products and services, to manage our business operations and make hiring decisions, to communicate offers and information we think might interest you, to generally enhance your customer experience with us, and as otherwise permitted or required by law.
Learn more about how we use your personal information for: providing programs, products and services, managing our businesses, marketing and advertising, and conducting market research and data analytics
We use your personal information for the following purposes:
a. Providing our Programs, Products and Services
We use your personal information in order to provide our programs, products available in our stores and services, for instance:
Processing your transactions and returns;
Verifying your identity;
Determining your eligibility for a program, product, service or promotion;
Responding to your inquiries;
Allowing you to earn loyalty points and redeem rewards;
Responding to your requests or taking or verifying instructions from you;
Enabling your participation in contests, promotions, surveys or chats;
Processing your applications (for instance, a franchise application);
Creating, administering, and maintaining your accounts;
Allowing you to make purchases at our stores without having to check out at the cashier, if you have subscribed to this service;
With your consent, verifying your credit when such verification is necessary for certain of our products, services or programs.
b. Managing Our Businesses
We use your personal information to manage our business, for instance:
Notifying you of changes to your account or our websites and apps’ services, terms, conditions or policies and to provide you administrative messages, updates, legal notices, technical notices or security alerts;
Deploying and managing our information technology applications and systems, including managing our websites and apps;
Managing and facilitating the use of our websites and apps, which may include using cookies and other similar technology (as further detailed in the How we Collect Personal Information section);
Maintaining the security of the public and our customers, employees and property (e.g., through video surveillance) (as further detailed in the How we Collect Personal Information section);
Making assortment and pricing decisions;
Protecting us and third parties from errors and fraud;
Monitoring and investigating incidents and managing claims;
Maintaining our programs, products and services; and
Meeting our contractual, legal and regulatory obligations.
c. Marketing and Advertising
We use your personal information to market our stores, brands (including Circle K, Couche-Tard, Holiday, Sloche, Provi-Soir, Circle K Froster, Polar Pop, etc.), programs, products, services, special offers, promotions, contests or events, and those of third parties who may sell their products within our stores, that we believe may be of interest to you. We may do this in a variety of ways:
By communicating with you by email, telephone, SMS, direct mail and social media;
By delivering online advertisements relevant for you;
By customizing the content you see on our websites and apps; and
By customizing product recommendations through our interactive in-store screens.
If you no longer wish to receive commercial electronic messages, please let us know by following the unsubscribe directions provided in every commercial electronic message. For more information on managing your marketing preferences, see How Can You Change Your Privacy Choices?
d. Conducting Market Research and Data Analytics
We may use your personal information in order to conduct market research and data analytics by tracking and analyzing current or previously collected information for the following purposes:
Improving or developing new products, services, programs, promotions, contests or events, and to better understand our customer base and behavior;
Managing and developing our business and operations;
Improving our programs, products, and services (e.g. improving our websites and apps);
Understanding customer needs and preferences and customizing how we tailor and market products and services to our customers based on their interests;
Measuring the effectiveness of our marketing; and
Understanding how visitors interact with our websites and apps and ensure they work correctly.
When possible, we will use your information in an aggregated and/or de-identified format.
6. How we Share Personal Information
Learn more about how we may share personal information: within the Circle K group, with third party business partners, with third party service providers, with academic institutions and research partners for specific research projects (such as the Connect Store at McGill Retail Innovation Lab), in the course of a sale or transfer of business or other transaction, for other permitted reasons, and with your consent.
a. Within the Circle K Group
b. Business Partners
We may share your personal information with third party business partners with whom we associate to provide certain products or services. We only share the personal information required for our business partners to offer the relevant products or provide the relevant programs or services.
We may participate in loyalty programs offered by our business partners, such as fuel companies or grocers, and we may need to share personal information about our participating customers to allow them to earn points and redeem rewards at our locations.
c. Service Providers
In the course of providing our programs, products, services, promotions, contests and events we may share all categories of personal information detailed in section What Personal Information do we Collect? with third party service providers who perform services on our behalf. These service providers help us operate our business, technology systems and applications, internal procedures, infrastructure and advertising and marketing. They provide services to us, such as fulfilling purchases, processing credit card payments, performing credit checks, sending emails and postal mail, call centres, data hosting, contest administration, providing advertisements, and analytics services (e.g. tracking effectiveness of our marketing campaigns and analyzing usage of our websites and apps). We require these service providers to limit their access to and/or use of personal information to what is required to provide their services and require that those third parties adhere to confidentiality as well as security procedures and protections.
Personal information collected from contest participants may be shared with our contest administrator to contact selected winners.
We use payment card providers, credit card providers and loyalty program providers that will have access to subscribers’ personal information as required to provide their services to Circle K.
d. Sale or Transfer of Business or Other Transaction
We may disclose personal information to a third party in connection with a sale or transfer of business or assets, an amalgamation, reorganization or financing of parts of our business (including the proceedings of insolvency or bankruptcy). In the event the transaction is completed, your personal information will remain protected by applicable privacy laws. In the event the transaction is not completed, we will require the other party not to use or disclose your personal information in any manner whatsoever and to completely delete such information, in compliance with applicable laws.
We may disclose information collected in certain selected and clearly identified stores where we conduct research projects with academic institutions and research partners for statistical or scholarly research purposes. When possible, we will share information for such purposes in aggregated and/or de-identified format.
We may disclose to researchers working at the McGill Retail Innovation Laboratory the information collected through video cameras and other sensors deployed in the Connect Store located on the campus of McGill University that provide a frictionless check-out experience or are used to test experimental retail systems and methods, who may use this information, on an aggregated and/or de-identified basis, for research purposes.
f. Other Permitted Reasons
Applicable laws may permit or require the use, sharing, or disclosure of personal information without consent in specific circumstances (e.g., when investigating and preventing suspected or actual illegal activities, including fraud, or to assist government and law enforcement agencies). These circumstances include situations when permitted or required by law or when necessary to protect our group of companies, our employees, our customers, or others. If this happens, we will not share more personal information than is reasonably required to fulfill that particular purpose.
g. With Your Consent
Other than the purposes listed above, we may, with your implied or express consent, share or disclose your personal information outside of our group of companies, in accordance with applicable laws.
7. How we Manage Consent
If you choose not to provide us with certain personal information or if you withdraw your consent, where such withdrawal is available, we may not be able to offer you the programs, products, services, contests, promotions, events or information that you requested or that could be offered to you.
8. How Can You Change Your Privacy Choices?
We want you to clearly understand your choices and make informed decisions about your privacy options. There are several options available for you to manage your privacy preferences, including, for example: managing your preferences within your account when applicable, contacting us directly, changing your browser settings on your device, and/or, where available, using third party unsubscribe functionality.
a. Within your Account
If you have an account with us, you can update your preferences where customer preference options are available through the relevant program, product or service.
b. When You Register or by Contacting Us Directly
You may opt in to receiving email or SMS marketing communications at the time that you register for our programs, products or services, enter our contests or promotions or any time thereafter through your online account(s). We may also have your implied consent to send you such marketing electronic communications under applicable laws.
You may opt out of:
Receiving email or SMS marketing communications, by clicking “unsubscribe” within any marketing email you receive, following the opt-out instructions provided when you receive a marketing SMS, or through your online account (if you have created one);
Receiving interest-based advertisements by changing your browser settings on your device, and/or using third party unsubscribe functionality (e.g., via Google or Facebook) to change your preferences within their platforms. Please note that disabling, blocking or deleting some of these technologies, such as cookies, may cause you to lose the functionality of certain features on our websites and apps.
Please note the following regarding withdrawal of consent or changes in your privacy preferences:
Even if you have opted out of receiving marketing communications from us, we may still contact you for transactional purposes, in compliance with applicable laws (e.g., for customer service, product information, service or reminder notices, or recalls). We may also need to contact you with questions or information regarding your customer service inquiries; and
It may take some time for all of our records to reflect changes in your preferences (e.g., if you request that you not receive personalized marketing communications from Circle K, your preference may not be captured for a promotion already in progress).
c. Using Third Party Unsubscribe Functionality
We may use third parties (e.g., web companies or social media platforms) that use certain technologies to analyze your browsing behaviour as you visit our websites and apps. You can manage your privacy preferences with respect to certain third parties, such as Google, by using the unsubscribe functionality within their platforms. Please note that disabling, blocking or deleting some of these technologies, such as cookies, may cause you to lose the functionality of certain features on our websites and apps.
We also may embed links to other websites, including social media websites, on our websites and apps. For more information about social media plug-in protocols, such as “Like” buttons on Twitter, Facebook or Instagram and their impact on your privacy rights, please visit the appropriate social media help centre (e.g., Facebook’s Help Center at https://www.facebook.com/help/).
9. How we Store and Safeguard Personal Information
We take the security of your personal information very seriously and are committed to protecting your privacy by using a combination of administrative, physical, and technical safeguards. Your personal information may be stored in foreign jurisdictions, in which case it will be subject to foreign laws. We will store your personal information in accordance with our retention policies or as otherwise required or permitted by law.
Learn more about how we protect personal information, where we keep personal information and cross-border transfers and how long we keep personal information
a. How we Protect Personal Information
We employ organizational, physical and technological measures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. These safeguards also apply when we dispose of or destroy your personal information. We use reasonable safeguards to ensure that our service providers protect your personal information wherever it is used or stored.
b. Where we Keep Personal Information and Cross-border Transfers
We may share personal information within the Circle K group of companies, including in Canada, the United States and the European Union. Some of our service providers may also access, process or store your personal information outside of the country where we are located and where you reside. As a result, when your personal information is used or stored in a jurisdiction other than where you are residing, it may be subject to the law of this foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.
c. How Long we Keep Personal Information
We will store your personal information in accordance with our retention policies or as otherwise required or permitted by law, after which your personal information will be securely destroyed or anonymized (so the information no longer identifies you).
10. Accessing and Correcting Your Personal Information
You may have the right to access and rectify the personal information we hold about you under the law applicable in the jurisdiction where you reside. In this case, upon request, we will provide you with access to your personal information within a reasonable timeframe, in compliance with applicable laws. It is your responsibility to provide accurate, correct and complete information.
You can request access or rectification by contacting the applicable Privacy Office as described in the “Who Can You Contact With Privacy Questions?” section. If you are residing in California, please refer to the California Consumers section for more information on how to exercise your rights.
11. Children Privacy
We do not knowingly request or collect personal information from children under 13 years of age without prior verifiable consent of his or her parent or legal guardian and complying with any other legal requirements. If we become aware that we have unknowingly collected personal information about a child without verifiable parental or legal guardian consent, we will delete this information from our records or take reasonable steps to de-identify the information.
12. California Consumers
This section describes the rights you have under the CCPA if you are a consumer residing in California.
a. Request to Know about the Personal Information we have Collected and Disclosed
Twice every 12 months, you may submit a verifiable request that we disclose the following information to you:
The categories or specific pieces of personal information that we have collected about you in the last 12 months, as well as the sources from which personal informal is collected, the business and commercial purposes for collecting it, the categories of third parties with whom we have shared it; and
The categories of personal information about you that we have disclosed for a business purpose in the last 12 months.
b. Right to Request that we Delete your Personal Information
You may submit a verifiable request that we delete any personal information that we have collected about you, subject to the exceptions provided by the CCPA.
c. Methods for Exercising your Rights and Verification of your Identity
In accordance with applicable law, we must take steps to verify your identity before fulfilling any of the above requests. If you maintain an account with us, we may verify your identity through existing authentication practices for the account, such as you username and password. We may also verify your identity by matching two or three data points of identifying information you provide to data points we already maintain about you and have determined to be reliable for the purposes of verification, depending on the nature of your request.
You can authorize an agent to exercise any of these rights on your behalf, but we will take additional measures to verify the legal authority of your agent.
d. Non-Discrimination Right
We will not, because you have exercised any of the rights detailed in this section 12, deny you any goods or services, charge different prices or rates for goods or services, or provide you with a different level or quality of goods or services.
14. Who Can You Contact With Privacy Questions?
If you have any questions about how we handle your personal information, please contact us as indicated below. If you have a program, product, service, or are participating in a promotion, contest or event that is offered by us with a third party, the third party may hold your personal information. If you have any questions or concerns, we will direct you to the appropriate party so that you may make enquiries as to that party’s privacy policies and practices.
By mail: If you are in the U.S.
Legal Department c/o Privacy Office
Circle K Stores Inc.
1130 West Warner Road, Building B
Tempe, Arizona 85284
If you are in Canada
Legal Department c/o Privacy Office
4204 Industriel Boulevard
Laval, QC H7L 0E3
Toll-free number: 1-833-662-0510
Request Form: Individual Rights Request Form